SAMAR KUMAR MITRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 19-1-1979, passed in G. R. Case No. 955/76, taking cognizance of the offence under Rule 36 (6)(j) and 43(5) of the Defence of India Rule against the petitioner.

(2.) It appears that the petitioner happened to be the Engineer Incharge of M/s. S.K. Mitra Company Private Limited, situated at Jamshedpur.

(3.) Four workers had been dismissed and that gave rise to an industrial dispute. However, the matter was referred to an arbitrator and it was agreed upon that the decision of the arbitrator shall be finding on both the parties. The arbitrator had given an award that all the four dismissed workers be reinstated. It appears that the four workers had not been reinstated by the Firm and that being so, the prosecution had been initiated as stated above.