Judgement

GAJENDRAGADKAR, J. : Mr. R. K. Banerjee had been employed by the appellant, the Tata Oil Mills Co. Ltd. as a salesman on the 3rd April, 1956, as a probationer and he was confirmed on the 5th November, 1956. On the 5th of December 1959, his services were terminated and he was informed that the appellant had lost confidence in him, and so, it has decided to discharge him. Accordingly, in lieu of notice, he was paid a month s salary and was told that he ceased to be the employee of the appellant as from the date next (after he received the order from the appellant). The discharge of Mr. Banerjee was resented by the Union of which he belonged and the Union took up his case. Since the dispute could not be settled amicably, the Union succeeded in persuading the Government of West Bengal to refer the dispute for adjudication to the second Labour Court on the ground that the said discharge was not justified. That is how the discharge of Mr. Banerjee became an industrial dispute between the appellant and the respondents, its workmen represented by their Union. The Labour Court which tried the dispute came to the conclusion that the appellant had failed to justify the discharge of M