Judgment

MUDHOLKAR, J. : In this appeal by special leave against an award made by the Third Industrial Tribunal, West Bengal, two questions arise for consideration. The first is whether the dismissal of Robin Bose, Purchaser, was Justified & the other is whether the appellants employees were entitled to any wages for the period between November 13, 1958 and January 4, 1959 during which there was a lock-out.

2. In a sense the two questions are separate and we will first mention the facts relevant to the question regarding the dismissal of Robin Bose. Bose was a clerk, designated as Purchaser by the appellant company. On September 13, 1958 at about 10-00 a.m. R.N. Chatterjee, under whose supervision Bose was working, took from the latter s table the purchase estimate book maintained by him for the purpose of checking an item of purchase made by him on August 18, 1958. Shortly afterwards Bose went up to Chatterjee and asked for the book to be returned. Chatterjee told him that the book should be left there for some time and would be returned to him after he (Chatterjee) had finished with it. Bose, however, got annoyed. He flared up and started abusing Chatterjee in an objectionable lang