Judgment

VAIDIALINGAM, J. :- In these two appeals, by special leave, the common question that arises for consideration is the proper interpretation to be placed on Section 78 (1) (D) of the Bombay Industrial Relations Act, 1946 (Bombay Act No. XI of 1947) hereinafter referred to as the Act.

2. The appellant in both the appeals, the Municipal Corporation of Greater Bombay, is a body corporate constituted under the Bombay Municipal Corporation Act 1888. For the purposes of providing and operating motor transport and for supplying electricity to the consumers in the City of Bombay, the appellant has established under the provisions of the Bombay Municipal Corporation Act, an undertaking called the Bombay Electric Supply and Transport Undertaking. The affairs of the said Undertaking are managed by a committee called the Bombay Electric Supply and Transport Committee, as per the provisions of the Bombay Municipal Corporation Act. The workman, Shri U. R. Naik, was employed as Assistant Fitter in the Transportation Engineering Department at Dadar workshop of the appellant. Similarly, Shri E. Menezes was employed under the appellant as Line Mechanic. It is common ground that on July 18, 1969