JUDGMENT Tapen Sen, J. 1. The Central Government, Ministry of Labour, in exercise of powers conferred under Section 10(1) (d) and (2-A) referred the following dispute for adjudication before the Central Government, Industrial Tribunal No. 1, Dhanbad :-- "Whether the action of the Management of Govindpur Area No. III of M/s. Bharat Coking Coal Limited, Post --Sonardih, District-Dhanbad in dismissing Shri Rajnandan Singh is justified? If not, to what relief the workman is entitled?" 2. The case of the Management of M/s. Bharat Coking Coal Limited was that on 11.5.1983 at about 11.00 a.m. a mob of two hundred persons armed with deadly weapons committed several acts of violence on the person of Shri H.N. Tripathi, the General Manager of the Barora area. The said mob abused Shri Tripathi and threatened him with dire consequences. The act was committed within the precincts and premises of the Offices of Mr. Tripathi. The mob caused damage to valuable properties belonging to him and the Management. According to the Management, the concerned Workman led the violent mob instigating and inciting it to commit various acts of violence and mischief. Consequently, the charge- sheet was Issued and an inquiry was held and since the concerned Workman did not attend the enquiry and did not give satisfactory reason for not attending the same, the Enquiry Officer held the Enquiry exparte on 27.7.1983. Finally, the Enquiry Officer submitted his report holding the concerned Workman guilty of the misconduct levelled against him. Thereafter, he was dismissed from the service by letter dated 8.4.1987 for commission of misconducts proved against him in the Departmental Enquiry. An Industrial dispute was raised which ultimately culminated in the reference mentioned above whereafter the Tribunal, came to a finding that the action of the Management in dismissing the concerned Workman was not justified and accordingly the order of dismissal was set aside and the Management was directed to reinstate him with full back wages and continuity of service. 3. Being aggrieved, the Management filed CWJC No. 2551/1992 (R) and the Single Judge, after having considered the evidence of Mr. H.N. Tripathi and the relevant portion of the Enquiry Report, correctly arrived at a conclusion that there is no specific allegation that the concerned Workman was amongst those persons who hit Mr. Tripathi with lathi on his forehead. The learned Single Judge also recorded that even Mr. H.N. Tripathi and the relevant portion of the Enquiry Report, correctly arrived at a conclusion that there is no specific allegation that the concerned Workman was amongst those persons who hit Mr. Tripathi with lathi on his forehead. The learned Single Judge also recorded that even Mr. Tripathi who was the most competent witness to the assault had not blamed the concerned Workman by specifically stating that he had hit him with lathi or vala. The learned Single Judge, therefore, held that the Order of the Tribunal was not perverse either in law or on fact. The learned Single Judge considered that the Tribunal had taken note of the facts and circumstances under which an agitating mob had collected in the premises of the office. The disturbance was on account of the fact that the sponsoring Union was leveling charges that on account of criminal negligence on the part of the Management in constructing a Water Reservoir, three persons had died. 4. In the back drop of the aforesaid findings, it would be perhaps necessary to quote below the charges that were leveled against the concerned Workman : (i) That on 11.05.1983 at about 11.00 hours you alongwith other persons led a violent mob of about 200 persons armed with lathies, bhalas, bows and arrows and other lethal weapons into the office premises of office of the General Manager, Barora Area and trespassed into the said office with criminal intentions of assaulting/killing managerial personnel/officers. (ii) That the violent and armed mob as referred to in Charge No. (i) above on the date and time indicated therein led by you and others wanted to murder/kill Sri H.N. Tripathi, General Manager, Barora Area and the person in the mob led by you and other persons were shouting slogans and holding out threats such as H.N. Tripathy ko kat do, mar do, khoon ka badla khoon se lenge, etc. and the mob was determined to indulge in and commit the acts as reflected by the said slogans and threats under the instigation and leadership, besides of some others. (iii) That at about 11:15 hrs. and the mob was determined to indulge in and commit the acts as reflected by the said slogans and threats under the instigation and leadership, besides of some others. (iii) That at about 11:15 hrs. on 11.05.1983 when Shri H.N. Tripathy, General Manager, Barora Area reached the Barora Area Office in his Car No. BHR 1374, the mob made by you and others assaulted him with lathis on his head by way of implementation of the threats referred in Charge No. (ii) above, which resulted in bleeding injuries to Shri H.N. Tripathy, Shri Tripathy had to be admitted in Loyabad Hospital for medical aid/treatment for the serious injuries received by him by the brutal attack on him. (iv) That at the same time on 11.05.1983 and at the same place i.e. Office of the General Manager, Barora Area Office as referred to in Charge No. (iii) above, the violent mob led by you and others assaulted Shri K.K. Khadia, Area Manager (Technical), Barora Area, Shri K.L. Bhardwaj, Inspector, CISF, Shri Sher Singh Hawaldar, CISF and Bhim Barhi who rushed to the rescue of Shri H.N. Tripathy and to save him from being killed by the irate and violent mob led by you and others, attacked and assaulted them with the result that they also received injuries. Shri K.K. Khadia had to be admitted in Loyabad Hospital of BCCL for medical aid/treatment for the injuries received by him. (v) That on 11.05.1983, at the time and place as indicated in Charge No. (iii) above. Shri H.K. Tripathy fell down due to the brutal attack on him by the violent and armed mob led by you and other persons on the staircase, the mob made a further attack on him and tried to pull him down by holding his leg with a view to killing him. On account of the brutal attack on him, Shri H.N. Tripathy became unconscious for some time and during the incident, he lost his chappals and his spectacles were broken." 5. From a perusal of the memo of charges, it appears that the principal charge that was leveled against the concerned Workman was that he led a violent mob and that the mob led under his leadership assaulted Shri Tripathi with lathis which resulted in his bleeding. Mr. From a perusal of the memo of charges, it appears that the principal charge that was leveled against the concerned Workman was that he led a violent mob and that the mob led under his leadership assaulted Shri Tripathi with lathis which resulted in his bleeding. Mr. S.N. Tripathy, General Manager, Barora Area therefore becomes absolutely crucial and the Enquiry Officer had dealt with the same in his Enquiry Report. The Enquiry Report is Annexure 1 and the relevant portion is quoted below ;-- "(1) First Management Witness Shri H.N. Tripathy, General Manager, Barora Area.--Besides giving the background of the happenings which occurred on 11.05.1983, he has categorically stated in his evidence that a large crowd was assembled near weigh bridge by the side of his office when he persuaded his driver, who stopped the car near the mob to drive away and when he reached the office gate, some people tried to stop his car. He further entered the office gate. While entering, the car was hit by lathis from outside. When car reached near the portico of the office, he saw Shri Ram Parvesh Singh, Area Secretary, BCKU and Shri B.C. Mandal of the same Union standing together to the left of portico. He has stated that he saw Shri Rajnandan Singh @ Ramanand Singh, Vice President of BCKU, an employee of Govindpur Area coming down the steps and there was a large furious mob of about 150 to 200 persons. His car was hit from outside by lathis, vallas, the dent can still be seen on the body. As soon as he got out the car and started moving upwards and he was a step below the verandah in front of his Office Chamber, about 15 to 20 persons stopped him. He recognize S/Shri Baiju Mahto, Baban Yadav, Mudrika Bhuia and R.C. Chatterjee amongst the crowd. Shri Baban Yadav hit him with lathi on his forehead and another lathi blows discharged by Shri Mudrika Bhuia and Shri Baiju Mahto struck the CISF Jawans who had come to rescue him along with S/Shri K.K. Khadia, Bhim Badhi. Shri R.C. Chatter-jee got hold of his shirt and pulled it as a result of which the shirt was torn. He has produced the shirt as exhibit which is marked - M-1. Shri R.C. Chatter-jee got hold of his shirt and pulled it as a result of which the shirt was torn. He has produced the shirt as exhibit which is marked - M-1. In the process he also tried to take hold of his golden chain with rudraksh and as a result of which one rudraksh had broken. He showed the broken rudraksh to me. He has further stated that the blood also oozed out and fell on his face. Thereafter, some people tried to pull his legs from behind and he found Shri B.C. Mandal and Shri Ramanand Singh @ Rajnandan Singh and Shri Ramparvesh Singh along with several other persons pulling his legs. Thereafter, he was pull down by security force jawans and in the process he got serious backache. The shirt which was torn away with blood stain marks is Ext. M-l. As aforesaid, thereafter, he stated that he become unconscious and he could not tell about what happened later on. When he came to sense, he asked his PA to connect him with the Chairman, BCCL to whom he narrated the incident in brief. Thereafter, when he was in a mood to go bathroom, he noticed that his two chappals and spectacles (chasma) were missing during the mole. He has stated specifically about the incident and named the persons who are charge-sheet. He was medically examined by the doctor of State dispensary along with the doctor of the area in his chamber. Dr. Barora, Deputy Commissioner Dhanbad along with S.D.O. Dhanbad also visited his office and inquired about the incident. He could not accompany them to the site due to his inability. He directed the Assistant Commandant, CISF to accompany them to the site and thereafter, he left for Loyabad Hospital along with Shri Khadia who was also assaulted by the mob. He has filed FIR before Baghmara Police Station before leaving for hospital. A copy of the FIR was filed and marked Ext. M-2. He also filed copy of the injury report from Dr. K.N. Ojha, of State Dispensary. Baghmara duly attested by D.C. Bhagmara PS which is marked Ext. M-3. He has categorically stated that S/Sri Ramanand Singh, Premparvesh Singh, B.C. Mandal, Mudrika Bhuia, Baban Yadav and Baiju Mahto were leading the mob. The chasma and chappals lost during the mole, could not be found. K.N. Ojha, of State Dispensary. Baghmara duly attested by D.C. Bhagmara PS which is marked Ext. M-3. He has categorically stated that S/Sri Ramanand Singh, Premparvesh Singh, B.C. Mandal, Mudrika Bhuia, Baban Yadav and Baiju Mahto were leading the mob. The chasma and chappals lost during the mole, could not be found. He was confined in the Loyabad Hospital for 19 days and for next two days he was examined by Neurosurgeon at Ranchi Medical College Hospital, Ranchi. He reported for duty on 1.6.1983 after he was released from the Hospital in the afternoon of the same date." [Underlining supplied] 6. Thus, from a perusal of the aforementioned facts, it appears that even H.N. Tripathy clearly stated that firstly he had seen the concerned workman coming down the step and there was a large furious mob of about 200 persons. He has also stated that it was Baban Yadav who had hit him with lathi on his forehead and other lathi blows were inflicted by others, i.e. Mundrika Bhuiya and Baiju Mahto. He has further stated that it was R.C. Chatterjee who caught hold of his shirt. He has also said that some people tried to pull his legs from behind and he found Sri B.C. Mandal and Sri Ramanand Singh @ Rajnandan Singh and Sri Ram Parvesh singh alongwith several other persons pulling his legs. 7. In the backdrop of the aforementioned act of leading a mob and "pulling the legs" and that too when passions were running at its highest level on account of an unfortunate event in the morning relating to the water reservoir resulting in the death of three persons, this Court is of the opinion that the learned Single Judge was absolutely correct in dismissing the Writ Petition preferred by the Management. We find no illegality, nor any irregularity with the Order of the learned Single Judge. 8. This appeal is therefore dismissed. There shall, however be no order as to costs.