Judgment

GAJENDRAGADKAR, J.: This appeal by special leave raises a short question about the construction of the notification No. 1131-46 issued by the Government of Bombay on October 4, 1952, under S. 2(4) of the Bombay Industrial Relations Act XI of 1947 (hereinafter called the Act). The respondent, who was a stenographer employed by the appellant, the Godavari Sugar Mills Ltd., at its head office in Bombay was dismissed by the appellant on April 22, 1955. He had been working as a stenographer for some years past on a salary of Rs. 135/- plus Rs. 27/- as dearness allowance. He was charged with having committed acts of disobedience and insubordination, and after a proper enquiry where he was given an opportunity to defend himself, he was found guilty of the alleged misconduct; that is why his services were terminated; that is the appellant s case.

2. The respondent challenged the legality and propriety of his dismissal by an application before the Labour Court at Bombay; he purported to make this application under S. 42 (4) read with S. 78 (1) (a) (i) and (iii) of the Act. The appellant in reply challenged the competence of the application on the ground that the Act did not apply to