Judgement

GAJENDRAGADKAR J.; This appeal by special leave arises out of an application made by M/s. Orissa Cement Ltd., Rajgangpur, Orissa (hereafter called the appellant) under S. 33 of the Industrial Disputes not to the Industrial Tribunal for permission to dismiss the respondent Habibullah who was its employee. The tribunal took the view that the application was not justified and so it directed the appellant to reinstate the respondent. The appellant then preferred an appeal against the said order to the Labour Appellate Tribunal; but the appellate tribunal confirmed the order passed by the tribunal and dismissed the appeal. It is against this order that the present appeal b special leave has been filed.

2. The respondent who was a watchman in the appellant s service had gone to the appellant s hospital for treatment on 1-4-1954. The doctor had prepared an injection to be given to the respondent to treat him for his malarial fever and the respondent was lying on the cot waiting for the injection. It appears that Madan Mohan, another employee of the appellant, who was present in the hospital took the syringe from the dispenser and gave the injection to the respondent. Proceedings w