Judgment

GAJENDRAGADKAR, J. : Three applications made by the appellant, the Lord Krishna Textile Mills, under S. 6-E (2)(b) of the United Provinces Industrial Disputes; Act, 1947 (Act XXVIII of 1947), for obtaining the approval of the Industrial Tribunal to the dismissal of 8 of its workmen have been rejected; and the Tribunal has refused to accord its approval to the action taken by the appellant. This appeal by special leave challenges the legality, validity as well as the propriety of the said order, and the principal question which it seeks to raise is in regard to the scope of the enquiry permissible under S. 6E (2)(b) as well as the extent of the jurisdiction of the Tribunal in holding such an enquiry. Section 6E(2) of the U. P. Act is identical in terms with S. 33 of the Industrial Disputes Act, XIV of 1947 (hereafter called the Act), and for convenience we would refer to the latter section because what we decide in the present appeal will apply as much to cases falling under S. 6E (2)(b) of the U. P. Act as those falling under S. 33(2)(b) of the Act.

2. It appears that on October 12, 1957, when the appellant s Controller of Production and the General Superintendent were discu