Judgement

K. N. WANCHOO J. : This is an appeal by special leave against the order of the Labour Appellate Tribunal of India in the matter of the discharge of an employee of the appellant. The appellant is a coal mining company carrying on business in the district of Manbhum (Bihar) and is governed by "Standing Orders for the Coal Mining Industry" as certified by the Chief Labour Commissioner (Appellate Authority) on 8-4-1950 under S. 6 (2) of the Industrial Employment (Standing Orders) Act, XX of 1948. The respondent was a ration clerk in the employ of the appellant. The appellant s case is that the respondent went into the rice-godown on 7-4-1954 without any authority and created a scene by shourting in the presence of workmen and accusing the clerk in-charge of the rice-godown of deliberately giving short weight and also threatened that clerk. There was a complaint about this incident to the Colliery Superintendent, who sent for the respondent and made inquiries in the presence of the office manager. The respondent explained that he was joking. Thereupon the Colliery Superintendent pointed out to him the serious results which might have ensued from his action. The respondent then