Judgement

BHAGWATI J. - This appeal with special leave under Article 136 of the Constitution arises out of a decision of the Labour Appellate Tribunal, Calcutta, reversing the award of the Industrial Tribunal, Calcutta, and ordering the reinstatement of one Nanilal Mukherjee in the employ of the appellant with full pay and emoluments and continuity of service without break.

2. Nanilal Mukherjee had been employed by the appellant on and from the 26th July 1944 as a Turbine Fitter. He continued in the said employ as a Turbine Fitter until July 1951 when the appellant mills were electrified. On such electrification some employees were discharged by the appellant as redundant. Nanilal Mukherjee would also have been similarly discharged, but he was retained in its employ by the appellant as he was a senior Ministry and the appellant intended to absorb him, if Possible, in the new set up of mistries in the electrified mills. He was accordingly given a trial in the new set up for a sufficiently long time. One Collins who was the Overseer in the Mills, however, made a report on 4-9-52 to the Manager of the Mills stating that Nanilal Mukherjee had been working as a general Vice Ministry afte