Judgment

GAJENDRAGADKAR, J. : This appeal by special leave is directed against the order passed by the Additional Industrial Tribunal, Delhi, directing the appellant M/s. New India Motors Private Ltd., to reinstate its former employee K. T. Morris, the respondent, in his original post as field service representative and to pay him his back wages from the date of his dismissal till the date of his reinstatement. This award has been made on a complaint filed by the respondent against the appellant under S. 33A of the Industrial Disputes Act XIV of 1947 (hereinafter called the Act). It appears that before joining the appellant the respondent was working with a firm in Calcutta; prior to that he was field service representative of M/s. Premier Automobiles Ltd., Bombay. The respondent joined the service of the appellant sometime in May 1954 as Works Manager. Before he joined the services of the appellant he had been told by the appellant by its letter dated March 27, 1954, that the appellant would be willing to pay him Rs. 350/- per month and something more by way of certain percentage on business. He was, however, asked to interview the appellant; an interview followed and the responden