Judgment

WANCHOO, J. : This appeal by special leave raises the question of interpretation of S. 6-E(2)(b) of the United Provinces Industrial Disputes Act, U. P. Act No. XXVIII of 1947, (hereinafter called the U. P. Act) which is in exactly the same terms as S. 33 (2)(b) of the Industrial. Disputes Act, No. XIV of 1947, (hereinafter referred to as the Act) as amended by Act 36 of 1956. The question arises in this way. The appellant is a Strawboard Mill. The respondent was in the employ of the appellant. On August 12, 1959, the respondent was given certain orders by the Technical Director of the appellant, but he refused to comply with them. The same day the respondent refused to comply with certain similar orders given by the machineman. Again on August 13,1959, he refused to obey similar orders of the shift-incharge. Finally, on August 14, he refused to obey similar orders of another shift-incharge. Consequently a notice was served on the respondent to show cause why he should not be dealt with under Cl. 22(a) of the Standing Orders which provided that wilful insubordination or disobedience of any lawful orders of superior was misconduct. The respondent submitted his explanation. He