Judgment

GAJENDRAGADKAR, J. : This appeal by special leave arises out of an industrial dispute between M/s. Tika ram and Sons Ltd. Oil Mills, Aligarh (hereafter called the appellant) and its workman Bishamber Dayal (hereafter called the respondent). The appellant had purported to terminate the services of the respondent, and at the instance of the respondent the dispute in regard to the said termination of his services was referred for adjudication. The tribunal as well as the appellate tribunal have held that the appellant was not justified in dismissing the respondent and so an order has been passed directing the appellant to reinstate respondent in his old job with continuity of service and to pay him the subsistence allowance and pay as specified in the award. It is this order which is challenged before us in the present appeal.

2. It appears that the respondent was employed as a Munim (accounts clerk) by the appellant from October 25, 1948 to August 31, 1951. On September 1, 1951, the respondent took one day s leave but did not return to his job in spite of repeated calls. He was marked on leave on 1-9-1951 and treated as absent for one month thereafter. Meanwhile the appellan