Judgment

GAJENDRAGADKAR, J. : This is an appeal by special leave and it arises from an industrial dispute between the appellant, the Cawnpore Tannery Ltd. and its employees. This dispute was in regard to the discharge of one of the employees of the appellant, Mr. S. Guha. It appears that Mr. Guha was appointed as Assistant Store Keeper in the Boot Factory Stores owned by the appellant on a salary of Rs. 140 p.m. Subsequently his services were terminated on May 1, 1951. This gave rise to a dispute between the appellant and its employees and the dispute was adjudicated upon by the Tribunal. The employees alleged that the termination of Mr. Guha s services was wrongful whereas the appellant urged that the discharge of Mr. Guha became necessary partly because measures of economy had to be adopted after the appellant s Boot Factory Stores and General Stores were amalgamated. The plea raised by the appellant was upheld by the Tribunal and it was held that Mr. Guha s discharge was not wrongful. The workmen made an appeal against the said decision but the appeal failed and the award made by the Tribunal was upheld.

2. Meanwhile the appellant had employed two clerks, Mr. Zaidi on August 16, l