Judgment

MITTER, J.:- This is an appeal by Special leave from an award of the Labour Court, Bangalore dated October 9, 1967 where the dispute referred for adjudication was "whether the Management of the Bangalore Woollen, Cotton and Silk Mills Ltd. (hereinafter referred to as the Company ) was justified in terminating the services of five workmen including one Kuppuswamy? .

2. During the course of the proceedings the Binny Mills Labour Association, Bengal, a registered trade union, sponsoring the cause of the dismissed workmen entered into a settlement with the management whereby the management agreed to reinstate one Ramanatha and the union gave up its demand for reinstatement of three other excluding Kuppuswamy. The Union however withdrew its support to Kuppuswamy from the date of the settlement and the latter stated before the Labour Court that he would conduct his own case.

3. The facts relating to the dismissal of Kuppuswamy are as follows. He is alleged to have behaved in an insolent manner towards the Warehouse Master, his superior officer, on 3rd November, 1963 in respect whereof he was given a charge sheet on 6th November, 1963 the complaint against him being that he was gu