Judgment

SHELAT, J.- Prior to August 1953, the respondent was employed as a motor driver in Airways (India) Ltd. On the passing of the Air Corporation Act XXVII of 1953, and consequent thereupon of the taking over of the existing air companies including the Airways (India) Ltd., by the appellant-Corporation, he became the employee of the appellant-Corporation. On January 13, 1956, he was suspended on certain charges. On being found guilty of those charges after an enquiry had been held, he was dismissed by an order dated February 6, 1956.

2. The respondent filed a suit alleging that the enquiry had been conducted in breach of the procedure laid down by the Regulations made by the Corporation under Section 45 of the Act and that therefore, the dismissal was illegal and void. The Trial Court accepted the contention and granted a declaration that his service continued as the order dismissing him was null and void. That decree was upheld by the first appellate court. In a second appeal in the High Court, it was conceded that the Regulations apprised to the respondent s case, and that the procedure therein laid down for terminating his service was not complied with. The Corporation s con