Judgement

WANCHOO, J. : This appeal by special leave challenges the order of the Second Labour Court, West Bengal, relating to the dismissal of the appellant, who was in the service of the respondent-company. A charge-sheet was issued to the appellant on April 23, 1960 under the signature of the Station Manager of the respondent-company. The charge-sheet contained two charges of gross dereliction of duty inasmuch as the appellant had made mistakes in the preparation of a load sheet on one day and a balance chart on another day, which mistakes might have led to a serious accident to the aircraft. The appellant gave his reply to the charge-sheet on April 26, 1960 in which he admitted the mistakes that had been made. He however, contended that he was over-worked and further that it was the duty of others also to check the load-sheet and balance chart prepared by him. 9th May, 1960 was fixed for inquiry by the Station Manager. The appellant objected to the inquiry being held by the Station Manager on the ground that the Station Manager was biased against him on account of the evidence which he had given against the Station Manager in a customs case which was partly responsible for the i