Judgement

SHELAT, J.: This appeal, founded on special leave, arises out of an industrial dispute between the respondent-company and the Motor Industries Company Employees Association which the Government of Mysore referred to the Labour Court, Bangalore, for adjudication under Section 10 (1) (c) of the Industrial Disputes Act, 1947. The dispute related to the dismissal by the management of three workmen, Sandhyavoo, G. Prabhakar and M. V. Vasudevan out of the five workmen against whom the management had held a domestic enquiry at which they were found guilty of acts of misdonduct charged against them.

2. The facts leading to the said dispute and the reference are as follows:

On August 24, 1964 the said association handed over to the management a charter of demands. Negotiations between the parties having failed, the demands were taken before the conciliation officer when the parties arrived at a settlement dated December 23, 1964. On April 29, 1966, the management issued a notice suspending for a day, i.e., May 4, 1966, one B. G. Shenoy as and by way of penalty. In consequence of the protest by the association, the said suspension was postponed and on May 10, 1966, the management serv