Judgment

GAJENDRAGADKAR, J. : This appeal by special leave arises out of an industrial dispute between the Manager, Bengal Nagpur Cotton Mills Ltd., (hereinafter called the appellant) and Mr. J. Bastain, who was employed by the appellant as a Head Clerk (hereinafter called the respondent). It appears that on 28-12-1955, the respondent handed over charge of his office under protest to Mr. Satyabralal, as a result of the order passed by the appellant. It is this termination of his service against which the respondent applied to the Assistant Labour Commissioner, Madhya Pradesh, under S. 16, sub-sec. (2) of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (hereinafter called the Act). He alleged that the termination of his service was illegal and improper and he prayed for an order for his reinstatement by the appellant. This claim was resisted by the appellant on the ground that the dispute between the parties was not an industrial dispute inasmuch as the respondent had voluntarily retired. It was also urged by the appellant that the claim for pension which the respondent sought to make at the time when the voluntarily retired was not valid or justified. Both t