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  • S. 10 of the Industrial Disputes Act.
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Judgment Summary — S.K. Mukherjea, J. (with Sudhamay Basu, J. concurring)

Factual and Procedural Background

This appeal challenges an order made by a learned single Judge on 12 February 1973 which discharged a rule; the underlying dispute concerned an award dated 27 August 1969 by the Judge, Sixth Industrial Tribunal, West Bengal.

The employee concerned, Anil Kumar Chakraborty (respondent 3), was a compounder employed by the appellant. On 10 September 1965 the appellant served a chargesheet alleging five complaints of misconduct, including inciting workers to intimidate the manager, taking money for medicines that should have been free, selling hospital medicines, conducting disruptive propaganda, and encouraging hooliganism.

The respondent was asked to explain in writing and was informed that if his explanation was unsatisfactory he would be given an opportunity to adduce evidence in a departmental enquiry. The respondent submitted an explanation on 14 September 1965 which the management found unsatisfactory and informed him that a departmental enquiry would be held on 15 September 1965. An enquiry was conducted by Robi Roy, a director, and on the same date the respondent was informed that he was found guilty and dismissed with effect from 16 September 1965.

The union raised a dispute about the validity of the dismissal. After failed conciliation the Labour Department, Government of West Bengal, referred the matter to the Sixth Industrial Tribunal under S. 10 of the Industrial Disputes Act. The Tribunal framed the issue: "Is the termination of service of A.K. Chakraborty, compounder justified? To what relief, if any, is he entitled?"

Before the Tribunal, the respondent gave evidence denying the charges and alleging that no enquiry took place at the appointed time and that he was merely told he was dismissed. The management produced six witnesses and relied ultimately on a carbon copy of the enquiring officer's report and proceedings, the originals having allegedly been lost in floods. The Tribunal found that no fair domestic enquiry had been held and made an order (the Tribunal's award), which was later affirmed by a single Judge; the present appeal challenges that affirmation and the Tribunal's award.

Legal Issues Presented

  1. Whether the termination of the service of A.K. Chakraborty was justified (as framed before the Sixth Industrial Tribunal).
  2. Whether a fair domestic enquiry was held and whether the Tribunal was justified in rejecting the carbon copy of the enquiry report and concluding no fair enquiry took place.
  3. Whether the Tribunal exceeded its jurisdiction or function by reassessing evidence and substituting its own evaluation of the domestic enquiry's findings (i.e., whether the Tribunal acted as a court of appeal).
  4. Whether, if the dismissal was wrongful, reinstatement was nevertheless inappropriate in view of the nature of the misconduct, the employee's position of trust, and relevant precedents permitting refusal of reinstatement in exceptional cases.
  5. Whether the appellate court should set aside the Tribunal's award and the single Judge's order affirming it.

Arguments of the Parties

Management / Appellant's Arguments

  • The management maintained that a fair and proper domestic enquiry was held and that most witnesses who testified before the Tribunal had also given evidence at the domestic enquiry.
  • The management explained that original enquiry records were lost in the Jalpaiguri floods but that a carbon copy of the enquiring officer's report and records of proceedings were found and produced to the Tribunal (filed on the second day of hearing).
  • The management denied any breach of principles of natural justice or unfairness in the domestic enquiry.
  • On appeal, counsel (Sri Monotosh Mukerjee) argued that even if the dismissal were found unjustified, reinstatement should not have been directed by the Tribunal given the gravity of the alleged offence (traffic in medicine) and the employee's position of trust; precedent was relied upon to show that reinstatement can be refused in appropriate cases.

Union / Respondent's Arguments and Evidence

  • The union's statement alleged that the enquiry was arranged in indecent haste, that the respondent was not given an opportunity to defend himself or to cross-examine the management's witnesses, and that he was not represented by a person of his choice.
  • The respondent testified that he attended at the appointed time but that no enquiry took place: he was allegedly told on the spot that he was dismissed, was asked no questions, no statement of his was recorded and no witnesses were examined.
  • In cross-examination the respondent denied taking money for medicines and denied inciting workers to strike or to surround the manager's residence.
  • The union and the respondent relied on the Tribunal's finding that the carbon copy of the report and the accompanying documents were suspicious (late disclosure, thumb impressions on a carbon copy treated as suspect, inconsistencies in witness recollections), and on perceived infirmities/inconsistencies in the management witnesses' testimonies to challenge the charges.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Indian Iron and Steel Company, Ltd. v. Their Workmen [A.I.R. 1958 S.C. 130] Industrial Tribunals have power to examine whether termination of service of a workman is justified; management's power to direct internal discipline is not unlimited. The court relied on this authority to describe the Tribunal's role and identify the limited circumstances in which a Tribunal should interfere with a dismissal (e.g., want of good faith, victimization, breach of natural justice, perverse findings).
Ruby General Insurance Company v. Chopra (P.P.) [1970—I L.L.J 63] Although tribunals ordinarily direct reinstatement for wrongful dismissal, they can refuse reinstatement when such relief would be unfair, improper, or inexpedient depending on the facts. Cited by the appellant's counsel to support the proposition that the Tribunal could and should have refused reinstatement in the present case given the employee's position and the nature of the misconduct.
Assam Oil Company Limited, New Delhi v. Workmen [1960—I L.L.J 587] Supports the principle that tribunals ordinarily direct reinstatement but may refuse it in exceptional or unusual circumstances. Referred to in support of the proposition (adopted in Ruby General Insurance) that reinstatement is not automatic and is subject to judicial discretion in special cases—relied on by appellant.
Shalimar Rope Works, Ltd. v. State of West Bengal [1965—I L.L.J 625] and Modern Woodcrafts, Ltd. v. Modern Woodcrafts Employees' Union [1969—I L.L.J 208] Instances where courts declined to direct reinstatement (i.e., examples of declining reinstatement in appropriate cases). These authorities were cited to show that courts have declined to order reinstatement in cases with similar considerations; relied on by appellant's counsel.
Hindustan General Electrical Corporation Ltd. v. Biswanath Prasad [(1971) 2 SCC 605 : A.I.R. 1971 S.C. 2417] The statutory scheme does not require that a finding of violation automatically result in reinstatement; the Tribunal has discretion. Cited by the appellant to demonstrate that award of reinstatement is discretionary and not mandated by a finding of wrongful dismissal.
Hindustan Steel Ltd. v. A.K. Roy [(1969) 3 SCC 513 : A.I.R. 1970 S.C. 1401] Tribunal has discretion to award compensation instead of reinstatement in unusual or exceptional cases; discretion must be judicially exercised. Quoted in the opinion to explain the standards for exercising discretion to refuse reinstatement and to justify appellate interference if discretion is not properly exercised; applied in concluding that the Tribunal failed to consider special circumstances.

Court's Reasoning and Analysis

The court undertook a step-by-step analysis of the Tribunal's findings and the material on record:

  1. The Tribunal had found that no enquiry was held at all. The appellate court examined the record of events and the evidence before the Tribunal and concluded that it was common case that an enquiry had been held (the earlier written concession in the union statement notwithstanding). The Tribunal's rejection of the carbon copy of the enquiring officer's report and proceedings was a key reason for its conclusion that no enquiry took place.
  2. The Tribunal's stated reasons for rejecting the carbon copy included: late disclosure of the carbon copy and annexures; non-production of the original report (allegedly lost in floods); suspicion about thumb impressions appearing on a carbon copy; inconsistencies in witness recollections, and apparent discrepancies in witness sequencing in the carbon copy. The Tribunal treated these matters as indicating fabrication or unreliability.
  3. The appellate court found those grounds insufficient. It observed that:
    • If the management intended to fabricate a report it could as easily have fabricated an original as a carbon copy; the existence of thumb impressions on the carbon copy was not inherently suspicious and in fact supported authenticity.
    • Loss of the original in floods was not inherently improbable and late disclosure by itself did not justify rejecting the carbon copy.
    • The fact that annexures and a carbon copy were produced, together with other evidence that an enquiry was held, made it unlikely that the documents were fabricated after the event.
  4. On evidence evaluation, the Tribunal had closely reassessed witness testimony, weighed corroboration strictly (criticizing witnesses for inconsistencies or lack of corroboration), and concluded that the management had failed to prove the charges. The appellate court held that in doing so the Tribunal had gone beyond its proper role and had effectively acted as a court of appeal by substituting its own judgment for the assessment that a domestic enquiry and management were entitled to make.
  5. The appellate court reiterated the limited grounds upon which a Tribunal should interfere with a managerial dismissal—derived from precedent—including want of good faith, victimization/unfair labour practice, basic error or breach of natural justice, or findings that are completely baseless or perverse. The court found no material to show want of good faith, victimization, or denial of natural justice at the domestic enquiry. The respondent had been informed of the enquiry date, had not requested adjournment, and did not show before the Tribunal that he sought representation or that he was prevented from cross-examining witnesses.
  6. Regarding relief, the appellate court considered the appellant's submission (supported by precedents) that even if dismissal were technically wrongful, reinstatement may be refused in exceptional circumstances. The court noted that the respondent, a compounder entrusted with distribution of medicines (a position of trust and confidence directly affecting workers' health), had an earlier complaint against him for trafficking in medicine which, according to the respondent's explanation, was forgiven by a director (implying an admission and pardon). The Tribunal, however, ordered reinstatement without apparently taking such special circumstances into account.
  7. The appellate court concluded the Tribunal had failed to exercise its discretion properly in awarding reinstatement and had exceeded its legitimate functions by re-evaluating evidence and substituting its view for that of the domestic enquiry and management where no proper ground for such intervention existed.

Holding and Implications

Holding: The appeal is allowed; the order of the learned single Judge affirming the Tribunal's award and the award of the Sixth Industrial Tribunal are set aside. The rule is made absolute. There will be no order as to costs.

Consequential directions and immediate effects:

  • The appellant is permitted to withdraw monies deposited pursuant to ad interim orders made by the Appellate Court.
  • The Tribunal's order directing reinstatement is vacated and the dismissal (as originally imposed by the appellant management) is thereby upheld by the appellate court's disposition (subject to the court's directions permitting withdrawal of deposits).

The opinion does not state that it establishes any new legal precedent beyond applying and distinguishing existing authority; rather, it applies established principles (including limits on Tribunal interference and the discretionary nature of reinstatement) to the facts and concludes the Tribunal exceeded its proper functions and failed to exercise discretion.


Prepared from the provided opinion text. No information has been added beyond that contained in the opinion.

    Saraswati Tea Company, Ltd. v. State Of West Bengal And Others

    S.K Mukherjea, J.:— This appeal is directed against an order made by a learned single Judge on 12 February, 1973, by which he discharged a rule. The petitioner before the learned Judge, who is the appellant before us, challenged an award, dated 27 August, 1969, passed by the Judge, Sixth Industrial Tribunal, West Bengal.

    2. One Anil Kumar Chakraborty, respondent 3, was a compounder employed by the appellant. On 10 September, 1965, certain charges were brought against him by the appellant by a chargesheet. The charges were:

    (i) that he was inciting the workers to surround the manager's residence so that by intimidation the manager might be forced to run away from the garden;

    (ii) that he took money from the workers for the appellant's medicines although the medicines were to be given to workers free of cost;

    (iii) that he was carrying on business by selling medicines of the garden hospital;

    (iv) that he was conducting a propaganda against the appellant to disrupt the administration of the garden; and

    (v) that by inciting workers to resort to hooliganism he was sabotaging the peaceful running of the garden administration.

    3. The respondent was called upon to explain in writing why he should not be dismissed from service. He was also informed that if his explanation were found unsatisfactory he would be given a chance to adduce evidence in the departmental enquiry, the date of which would be intimated to him.

    4. The respondent submitted an explanation by a letter, dated 14 September, 1965, which was not found satisfactory by the appellant. The appellant replied by a letter, dated 14 September, that the respondent had skipped over the charges just to evade any explanation. By the said letter intimation was given to the respondent that a departmental enquiry would be held on 15 September at the office of the manager at 7.30 A.M The respondent was called upon to defend himself at the enquiry. Thereafter, an enquiry was held by one Robi Roy, a director of the appellant-company on the appointed date. On the same date, an intimation was served on the respondent by which he was informed that in the departmental enquiry he was found guilty of the charges under the relevant standing orders, and, therefore, dismissed from service with effect from 16 September, 1965.

    5. Thereafter, the union raised a dispute on the validity of the order of dismissal. On the failure of certain conciliation proceedings, the Labour Department, Government of West Bengal, referred the dispute to the Sixth Industrial Tribunal by an order, dated 24 June, 1968, under S. 10 of the Industrial Disputes Act. The issue before the Tribunal was as follows:

    Is the termination of service of A.K Chakraborty, compounder justified? To what relief, if any, is he entitled?

    6. At the hearing before the Tribunal, respondent 3 gave evidence. On behalf of the management six witnesses were examined. It was stated on behalf of the management that most of the witnesses examined before the Tribunal also gave evidence at the domestic enquiry. The management claimed that there was, in fact, a fair and proper enquiry.

    7. One Nadalal Sitani deposed on behalf of the management that the original records of the enquiry proceedings had been lost in the Jalpaiguri floods, but a carbon copy of the report of the enquiring officer and the records of proceedings were ultimately found in the garden. The carbon copy was filed before the Tribunal on the second day of the hearing.

    8. In the statement filed on behalf of the union it was stated that the enquiry was arranged in indecent haste. Respondent 3 was not given any opportunity of defending himself or of crass-examining the appellant's witnesses or of being represented by a person of his own choice. The management on the other hand claimed in its statement that the domestic enquiry was duly held at which respondent 3 gave evidence. As the offences of which the respondent was found guilty were grave, he was dismissed from service on the recommendation of the enquiring officer. The allegation that principles of natural justice were not observed was denied by the management.

    9. Respondent 3 in his evidence before the Tribunal stated that he attended the enquiry at the appointed time at the manager's office but there was no enquiry at all. He was simply told on the site that he was dismissed. He was asked no question nor was any statement of his recorded by any one. No witness was examined at all. In cross-examination he denied that he accepted any money for medical treatment of any worker or that he took money for medicines. He denied the charge of inciting the workers to hold any strike or surround the residence of the manager to force him to leave the garden. He stated in cross-examination that on the day of the enquiry, he reached the office at 11 A.M and was therefor a few minutes. He repeated that no enquiry had taken place at all.

    10. Neither the director, Robi Roy, who held the enquiry nor the manager of the company was produced by the management before the Tribunal for giving evidence. It was stated in course of evidence that the manager had left the employment of the appellant.

    11. Ananta Bijay Roy Chowdhury, the first witness produced by the management deposed that when he gave evidence, Chandra Lama, Pravu Dayal, Janak Mistry and respondent 3 were present.

    12. Amarendra Nath Dutt, an independent witness deposed that the enquiry was duly held. He also corroborated that Ananta Bijay was the first witness to give evidence. Pravu Dayal and Janak Mistry gave evidence of misconduct committed by respondent 3. Pravu Dayal said that on 1 August, 1968, the respondent visited the labourers' quarters to incite them against the management. He deposed that Chandra Lama had told him that the respondent exhorted the workers to besiege the godown.

    13. It was admitted by one of the witnesses, that the respondent had not taken any money from him for medicines. None among the persons whose names appear in exhibit B from whom the respondent was alleged to have taken money, gave evidence. Janak Mistry deposed that the respondent had actively incited the workers in his presence to besiege the godown and the office. He said that the respondent had taken Rs. 40 from him for supplying medicines.

    14. The Tribunal appears to have been of the opinion that no enquiry was held at all, although in the written statement filed on behalf on the union it was conceded that there was an enquiry, though the enquiry was not fair. In not accepting the common case, the Tribunal, therefore, proceeded on the basis of a third case for which there was on basis. Surely, it was for the Tribunal to determine whether there was a fair enquiry or not. It was not open to the Tribunal to decide whether an enquiry was held at all. It seems to us that in holding that there was no enquiry, the Tribunal was, in the main, influenced by the non-production of the original report and the late disclosure of the carbon copies. The fact that annexures to the original report were produced before the Tribunal along with carbon copies of the report induced the Tribunal to doubt the story of the loss of the original report and the authenticity of the carbon copy. Moreover, the thumb impressions claimed to have been subscribed on the carbon copy, were treated as suspect. The learned Tribunal thought that it was unusual for anyone to subscribe thumb impressions on a carbon copy. No attempt was made at the hearing to prove or disprove the authenticity of the thumb impressions. Witnesses had no clear recollections on the subject. The learned Tribunal found that although one of the witnesses had deposed that he was the first witness, it appeared from the carbon copy that he was the last. For all these reasons, the Tribunal rejected the evidence of the carbon copy and held that the enquiry proceedings suffered from infirmities and irregularities and concluded that no fair domestic enquiry was held.

    15. In rejecting the carbon copy of the report and the record of the proceedings, it seems to us that the Tribunal was less than fair to the management. If the management wanted to fabricate a report and record of enquiry proceedings, and those who subscribed their thumb impressions were accessories to such a course, they could have fabricated an original document with equal facility. The fact that those whose thumb impressions appeared on the carbon copy, deposed that they did not recollect whether they had given their thumb impressions on the carbon copy or not, made it amply clear that they were not giving evidence at the behest of the management. It was, therefore, unlikely that they subscribed their thumb impressions on a document brought into existence subsequently on the eye of the enquiry. In our judgment, the thumb impressions support the authenticity of the carbon copy. There is nothing improbable in the original report perishing in the floods. It is also possible that the carbon copy of the report and the annexures survived. In our opinion, late disclosure by itself did not justify the rejection of the carbon copy. It is common case that an enquiry was held. It is hardly possible that an enquiry was held but no report of the enquiry was made or no record of the proceedings was maintained. We are, therefore, of the opinion that the Tribunal was not justified in rejecting the report and the record of the enquiry proceedings.

    16. The Tribunal on a consideration of the evidence, came to the conclusion that the management had failed to prove the charges brought against the respondent. Why, the Tribunal asked itself, should the respondent incite the workers on the evening of 2 August after the strike was over. He would have done it, if he did it at all, on the eve of the strike. Moreover, there was no corroboration of the evidence of Ananta Bijay that the respondent admitted that he had incited the workers. There was inconsistency between the evidence of Ananta Bijay and the evidence of Janak Mistry who deposed that the act of incitement took place on 1 August and not on 2nd which was a hartal day. There was also no corroboration of the evidence of Janak Mistry that the respondent took money for medicines. He could not remember exactly the month in which he paid Rs. 40 to the respondent for the medicines he supplied to him. He said it was in Chaitra or Baisak. This, the Tribunal thought, made his evidence “tenuous.” The Tribunal appears to have thought that in the absence of corroboration, his evidence was unacceptable. Corroboration, in our opinion, is desirable in such a case, but not indispensable.

    17. The Tribunal has deprecated the hurry with which the enquiry took place and the letter of dismissal followed it. Notice of the enquiry was delivered to the respondent on 14 September. The enquiry was held on 15th. He was called upon to defend himself. By the earlier letter of 10 September, 1965, the manager had communicated to the respondent that if the explanation given by him in answer to chargesheet were found unsatisfactory, he would be given a chance to adduce evidence in the departmental enquiry, the date of which would be intimated to him on receipt of the reply. When the respondent was informed by the letter of 14th, that the enquiry would be held on 15th, he did not ask for time orally or in writing. He had been specifically told that he was free to adduce evidence well in advance and yet he chose not to adduce any except his own. In these circumstances, it cannot be said that no opportunity was given to the respondent of adducing evidence. Moreover, the respondent did not ask for adjournment of the hearing. It is true that the management served the order of dismissal shortly after the enquiry but that is hardly any reason why the Court should interfere with the order.

    18. In the case of Indian Iron and Steel Company, Ltd. v. Their workmen [A.I.R 1958 S.C 130], S.K Das, J., speaking for the Court observed:

    “Undoubtedly, the management of a concern has power to direct its own internal administration and discipline, but the power is not unlimited and when a dispute arises, Industrial Tribunals have been given the power to see whether the termination of service of a workman is justified and to give appropriate relief.

    19. In cases of dismissal on misconduct, the Tribunal does not, however, act as a Court of appeal and substitute its own judgment for that of the management. It will interfere—

    (i) when there is a want of good faith;

    (ii) when there is victimization or unfair labour practice;

    (iii) when the management has been guilty of a basic error or violation of a principle of natural justice; and

    (iv) when on the materials, the finding is completely baseless or perverse.

    20. In the present case, it seems to us that the Tribunal has dealt with the case as if it were a Court of appeal. Not only has evidence been meticulously assessed afresh but the adequacy of evidence has also been gone into. The Tribunal, in our opinion, has exceeded the bounds of its legitimate functions and substituted its own evaluation of evidence for the evaluation of evidence by the domestic Court of enquiry.

    21. In the present case, as we have said, it cannot be held, that there was no enquiry. Moreover, there is no material on the basis of which it can be held that the enquiry was not fair or that the principles of natural justice were disregarded at the enquiry on that respondent did not have adequate opportunity of defending himself or of adducing evidence. The respondent does not appear to have deposed before the Tribunal that he sought representation or that the opportunity to cross-examine was denied to him.

    22. Sri Monotosh Mukerjee, appearing in support of the appeal urged that in any event, having regard to the facts and circumstances of the case, the gravity of the offence with which he has been charged, namely, traffic in medicine, the Tribunal, ought not to have directed reinstatement even if it came to the conclusion that the dismissal was unjustified. He relied on a decision of the Supreme Court in Ruby General Insurance Company v. Chopra (P.P) [1970—I L.L.J 63].

    23. In that case, the management conceded that the order of termination of the respondent, a stenographer, was punitive in character and invalid, but it was contended that the relief of reinstatement granted by the Tribunal was unjustified. The Supreme Court, following the decision in Assam Oil Company Limited, New Delhi v. Workmen [1960—I L.L.J 587], held that though industrial adjudication may not regard a wrongful dismissal as one amounting to termination of service resulting only in right to damages as under the law of master and servant and would ordinarily direct reinstatement, it can refuse to order reinstatement when such a course is not fair, proper, or is inexpedient depending upon the facts and circumstances of each case. Having regard to the fact that the employee was a stenographer holding a position of trust and confidence and also to all other circumstances of the case, reinstatement was refused. In Shalimar Rope Works, Ltd. v. State of West Bengal [1965—I L.L.J 625], B.N Banerjee, J, and in Modern Woodcrafts, Ltd. v. Modern Woodcrafts Employees' Union [1969—I L.L.J 208], learned single Judge of the High Court of Kerala expressed similar views and declined to direct reinstatement.

    24. Sri Mukerjee also relied on a decision of the Supreme Court in Hindustan General Electrical Corporation, Ltd. v. Biswanath Prasad [(1971) 2 SCC 605 : A.I.R 1971 S.C 2417]. There G.K Mitter, J., speaking for the Court, observed that the sections do not lend themselves to the construction that as soon as the Labour Court, Tribunal, etc., finds that there has been a violation of S. 33 it should award reinstatement. Learned counsel also relied on an earlier decision of the Supreme Court in Hindustan Steel, Ltd. v. A.K Roy [(1969) 3 SCC 513 : A.I.R 1970 S.C 1401]. In that case, Shelat, J., in delivering the judgment of the Court said:

    “The Tribunal has the discretion to award compensation instead of reinstatement if the circumstances of a particular case are unusual or exceptional so as to make reinstatement inexpedient or improper. The Tribunal has, therefore, to exercise its discretion judicially and in accordance with well-recognized principles in that regard and has to examine carefully the circumstances of each case and decide whether such a case is one of those exceptions to the general rule. If the Tribunal were to exercise its discretion in disregard of such circumstances or the principles laid down by this Court it would be a case of either of no exercise of decretion or of one not legally exercised. In either case, the High Court in the exercise of its discretion can interfere.”

    25. In the present case, it appears from the explanation submitted by the respondent that on a previous occasion, workers had complained against him for trafficking in medicine but the director forgave him, as he himself stated, for the commission of the offence. The implication is that the respondent admitted the justice of the complaint and asked for pardon.

    26. In awarding reinstatement, the Tribunal does not appear to have taken the special circumstances of the case into consideration, which can only be described as a case of failure to exercise discretion, where discretion lies.

    27. The respondent, a compounded, held position of trust and confidence in an important branch of administration. He was placed in charge of distribution of medicines free of cost to the workers. The question of health of the workers which has a bearing on production efficiency of the garden, was directly involved. The humanitarian aspect of the case ought not to be ignored either. In these circumstances, even if the Tribunal were of the opinion, as it was, that termination of service of respondent 3 was wrongful, the Tribunal was not justified, in our opinion, in making the order for reinstatement.

    28. The learned Judge, in a very short judgment, has affirmed the order of the Tribunal. In his judgment, he has not gone into the merits of the finding of the Tribunal. We have, therefore, addressed ourselves to the consideration of the award in some detail.

    29. In the view we have taken, the appeal is allowed. The order of the learned Judge as also the award of the Tribunal are set aside. The rule is made absolute. There will be no order for costs.

    30. Having regard to the order we have made, the appellant will be at liberty to withdraw the monies it has deposited pursuant to the ad interim orders made by the Appellate Court.

    31. Sudhamay Basu, J.:— I agree.

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    Saraswati Tea Company, Ltd. v. State Of West Bengal And Others
    (Oct 10, 1975)