Judgment

BHAGWATI, J. : This appeal with special leave against the decision of the Labour Appellate Tribunal of India, Calcutta, arises out of an application made by the appellant under S. 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950 (hereinafter referred to as "the Act") for permission to discharge the respondent.

2. The respondent had been appointed as a pay-clerk in the appellant s cash department on 30-4-1945, and had been confirmed in service with effect from 1-8-1945. Since the beginning of 1949, the Respondent was found to have become negligent and careless in his work and he was also disobedient and slow in the performance of the duties that were allotted to him. Repeated verbal and written warnings were given to him but they had no effect whatever. Consequently the Chief Cashier by his letter dated 24-10-1949, addressed to the Manager of the appellant, complained that he was very negligent and careless in his work, and habitually showed sulkiness, that he was also disobedient, and shirked the duties that were allotted to him and that recently, he was careless enough to keep the Company s money in an open drawer of a safe, and go home, without locking the same