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Judgment
P.K. Goswami, J.—There was a reference to the Industrial Tribunal, Patna u/s 10(d) of the Industrial Disputes Act There were several items of dispute referred to the Tribunal for adjudication and the Tribunal gave its award on 31st January. 1974. The management has filed the application of special leave. When this matter had earlier come up for hearing this Court issued notice to the respondents to show cause why special leave should not be granted only with regard to Item No. 6, namely 6 in the Schedule of reference, which may be quoted:
Whether the following Malis are entitled to be departmentalised? If so, since when and in which scale of pay?
Shri Pukhan
Shri Ram Naresh
Shri Mahadeo
Shri Harigovind
Shri Umraon Singh
Shri Deonarain
Shri Suraj Singh
Shri Bishamdeo
Shri Baban Singh
Shri Jagdish
Shri Sheodeni
Shri Ram Pratap
Shri Ganeshi
Shri Deonandan
Shri Rampati
Shri Ram Bilash
Shri Suraj Choubey
Shri Ramlakhan Chaudary
Shri Baliram
Shri Gautam Giri
Shri Sahdeo Sharad
Shri Angad.
We have admitted the appeal and have heard learned Counsel for both sides. The learned Counsel for the respondents strenuously contends that the management has, by its conduct, forfeited its right to examine witnesses before the Tribunal. We are not impressed by this argument. The Tribunal refused to allow the management an opportunity to examine witnesses on the sole ground that it had not earlier submitted the written statement. That ground in an industrial matter, would not be sufficient to refuse examination of witnesses when the management later on pressed for it. This is against the principles of natural justice. It appears from the award that the Tribunal came to its conclusion in respect of item No. 6 relying upon certain documents without giving an opportunity to the management to produce evidence in rebuttal. In view of this we cannot sustain the award with regard to item No. 6. The appeal is allowed and the matter is remitted back to the Tribunal for disposing item No. 6 referred to above preferably within 3 months from receipt of this order after giving reasonable opportunity to both parties. The award in respect of other items stands. There will be no order as to costs.