Judgment

BHARGAVA, J.: The Central Bank of India, Ltd., New Delhi, has filed this appeal, by special leave, challenging an order of the Industrial Tribunal, Delhi, refusing to accord approval to an order of dismissal of the respondent, Prakash Chand Jain, underSection33 (2) (b) of the Industrial Disputes Act (hereinafter referred to as "the Act"). A charge-sheet, containing two charges, was served on the respondent on 21st July, 1961 in order to initiate formally an enquiry for the purpose of taking disciplinary action against him. The two charges framed were as follows:-

"1. On 14-1-1960, a sum of Rs. 30,400 was paid to Mr. P. C. Jain by the Assistant Cashier Mr. Nand Kishore out of the cheque No. 43004 dated 14-1-1960 drawn by Messrs. Mool Chand Hari Kishan for Rs. 63,000. Taking this money Mr. P. C. Jain on the same day i. e., 14-1-1960 left for Muzaffarnagar in company of some persons to retire the following bills drawn by M/s. Gupta Iron Industries:-

Naya Bazar LBC 3 drawn on Puran Chand Rs. 5,100.

Naya Bazar LBC 5 drawn on Hiralal Shyam Rs. 4,950.

Thus it was within the knowledge of Shri P. C. Jain that the bills of Messrs. Gupta Iron Industries were drawn on bogus firms and that those were retired by the drawer s representative who accompanied Mr. P. C. Jain to Muzaffarnagar. Instead of reporting sueh serious matters to higher authorities, Mr. P. C. Jain claims that he had never visited Muzaffarnagar.

2. Mr. P. C. Jain encashed on 25-2-60 cheque No. 400506 for Rs. 46,000/- from the United Bank of India Ltd., Chandni Chowk and brought cash to Naya Bazar after 11.30 A. M. i.e., after the time for presenting of the clearing cheques at the State Bank of India. To cover the misdeeds of Mr. Shiv Kumar Sharma the then Sub-Agent of Naya Bazar Office, Mr. P. C. Jain Treasurer s representative stated in his explanation dated 16-2-1961 that cash was received at the office at about 11 A. M. i. e. before the clearing time.

The above acts of Mr. Jain were prejudicial to the interests of the Bank as defined in paragraph 521-4(J) of the Sastry Award and amount to gross misconduct. The inquiry will be held on 12-8-1961 at Chandni Chowk Branch at 10-30 A. M. by Mr. P. B. Tipnis, Chief Agent, Agra." Subsequently, an enquiry was held by Mr. Tipnis, one of the senior Officers of the Bank. The Enquiry Officer, after recording evidence tendered on behalf of the Bank as well as the evidence given by the respondent, recorded his findings holding that both the charges were proved against the respondent and, on that basis, came to the view that the actions of the respondent were prejudicial to the interests of the Bank and amounted to gross misconduct, so that he proposed to award the punishment of dismissal from the Bank s service. The respondent was given a week s time to show cause against this proposed punishment and, thereafter, an order was made dismissing the respondent with effect from 18th July, 1962 and a month s wages were paid to him in accordance with the provision contained inSection33 (2) (b) of the Act. Since an industrial dispute was pending before the Industrial Tribunal, Delhi, an application underSection33 (2) (b) of the Act was made requesting the Tribunal to accord approval to this order of dismissal. The Tribunal, when dealing with this application, held that the enquiry, which had been held by the Enquiry Officer, was fair and was not vitiated by any irregularity or unfairness, but refused to accord approval on the ground that the findings recorded by the Enquiry Officer were perverse an were not based on evidence inasmuch as most of the findings were the result of mere conjecture on behalf of the Enquiry Officer. It is this order of the Tribunal that has been challenged in this appeal.

2. Learned Counsel appearing for the appellant Bank urged that the Tribunal, in refusing to accord approval and in disregarding the findings recorded by the Enquiry Officer, exceeded its jurisdiction conferred bySection33 (2) (b) of the Act. It w