Judgment

GAJENDRAGADKAR, J. : An application made by the appellant, the Management of Swatantra Bharat Mills, Najafgarh Road, New Delhi, under S. 33(2) (b) of the Industrial Disputes Act, 1947, for approval of its decision to dismiss from its employment its employee Mr. Ratanlal, the respondent, has been dismissed by the Industrial Tribunal, Delhi. It is against this order that the appellant has come to this Court by Special Leave.

2. The appellants carries on business as a textile mill at Najafgarh Road, New Delhi, which is owned and managed by the Delhi Cloth and General Mills Co. Ltd. The respondent had been employed as a number marker in the bundling and baling department of the appellant. There are three bundling presses in the mills where bundles of yarn of 10 lbs. each are made out and marked by label signifying the weight, quality, etc. Thereafter the said bundles had to be carried in a trolley by the respondent (who is a time-rated workman) to the baling press. This press is at some distance from the bundling press. The packing of smaller bundles into a large bale was the work of baling-press men who are piece-rated workers. After the baling is done the respondent had to mar