Judgment GOSWAMI, J. - There was a reference to the Industrial Tribunal, Patna under Section, 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: 6. "Whether the following Malis are entitled to be departmentalised? If so, since when and in which scale of pay? 1. Shri Pukhan 2. Shri Ram Naresh 3. Shri Mahadeo 4. Shri Harigovind 5. Shri Umraon Singh 6. Shir Deonarain 7. Shri Suraj Singh 8. Shri Bishamdeo 9. Shri Baban Singh 10. Shri Jagdish 11. Shri Sheodeni 12. Shri Ram Pratap 13. Shri Ganeshi 14. Shri Deonandan 15. Shri Rampati 16. Shri Ram Bilash 17. Shri Suraj Choubey 18. Shri Ramlakhan Chaudary 19. Shri Baliram 20. Shri Gautam Giri 21. Shri Sahdeo Sharad 22. Shri Angad". 2. 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 that management an opportunity to examine witnesses on the sole ground that it has 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. Appeal allowed. Case remanded. 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. Appeal allowed. Case remanded. For Citation: AIR 1977 SC 1867 = (1977) 2 SCC 153 =1977 Lab I.C. 1190