Judgement

RAMASWAMI, J. : This appeal is brought, by special leave, against the award of the Labour Court, Orissa, dated May 24, 1963, in Industrial Dispute No. 5 of 1962, published in the Orissa Gazette, dated June 14, 1963.

2. The respondent - Miss Santi Patnaik - took her degree in Master of Arts (Political Science) in 1961. At that time, Major General Pratap Narain was the General Manager of Utkal Machinery Ltd. (hereinafter referred to as the Management ). On December 9, 1961, Major General Pratap Narain appointed the respondent as his Secretary on a monthly salary of Rs. 400. She was thereafter transferred to the Personnel Department of the Company as an Assistant. It appears that Shri A. L. Sarin joined as Personnel Officer on January 2, 1962. The respondent alleges that on April 30, 1962, she was given notice for termination of her service. On her representation she was informed on May 30, 1962 that the decision of the management to dispense with her service was final. The allegation of the respondent is that taking advantage of her subordinate official position Mr. Sarin misbehaved with her to which she offered resistance. The respondent asserted that the termination of her