JUDGMENT

Per Gajendragadkar, J: -This appeal by special leave arises out of the proceedings taken by Orissa Cement, Ltd., Rajggangpur, Orissa (hereinafter called the appellant), against Sri Adikanda Sahu (hereinafter called the respondent) under S. 33 of the Industrial Disputes Act. The respondent was a fitter employed by the appellant. It appears that on 6 January 1955 he went into the time office and abused Mr. S. K. Misra, the labour officer of the appellant, in filthy language. The said officer reported the matter to the management that very day. The respondent was called by the resident engineer of the appellant and was asked to give explanation. In reply the respondent denied the statements of the labour officer. On 8 January the respondent raised slogans against the secretary and the labour officer and in the same evening he again abused Mr. Misra in filthy language. On 8 January the labour officer made another complaint against the respondent. In regard to this complaint also the respondent s explanation was called for and duly received. The resident engineer rejected the explanations given by the respondent and on his report the appellant made an application against the res