Judgement

BHAGWATI, J. : The facts leading up to this Special Leave Appeal lie within a very narrow compass. The first Respondent was engaged in the service of the appellants as a Driver at their Santa Cruz Airport Service Station. On the morning on the 28th November, 1952, while on duty at the Santa Cruz Aerodrome in an area where smoking is prohibited and at a time when an aircraft was being refuelled by the appellants the first respondent was found smoking, within about 25 ft. of the said aircraft. Smoking while on duty is prohibited by the appellants; the area in which the first respondent was found smoking is an area where smoking is prohibited, and under the Aircraft Ground Fire Precaution Rules, smoking is prohibited within 100 ft. of an aircraft being refuelled. At the time when the re-fuelling was in progress a No Smoking sign was placed on the re-fueller with a view to prevent anyone in the vicinity from smoking and definite instructions had been given to this effect to all the staff concerned including the first respondent. The first respondent was caught red-handed in the very act of smoking within 25 ft. of the said aircraft by the District Manager of the appellants a