Judgement

P. JAGMOHAN REDDY, J.:- This is an appeal by Special Leave against the judgment of a Division Bench of the High Court of Allahabad which reversed the judgment of a Single Bench of that Court and restored the award of the Labour Court by which respondent Hans Nath Srivastava, a Complaint Attendant/Driver who had been dismissed on the 26th June, 1965 was directed to be reinstated.

2. The second respondent was working in the Mains Department of the appellant Company and was authorised to deal with live wires. By an office order dated 4th May, 1964 the appellant, after drawing attention of all the workers to a previous notice issued on 23rd March, 1962 they were again warned that no person who is not authorised under the Indian Electricity Rules, 1956 is permitted to claim a ladder where he may come in contact with live lines. On the 31st October, at about 1.30 p.m. on the complaint of a consumer, the second respondent accompanied by two coolies, Shankar Das and Jagdhari, went in a Jeep to set right a fuse on the electric transmission line of the appellant at Mohalla Shivpuri. At that time, the Resident Engineer and the Assistant Resident Engineer Chakraborti were returning fro