Judgment

GROVER, J.: - This is an appeal by special leave from an order of the Second Labour Court, West Bengal, rejecting an application under S. 33 (2) (b) of the Industrial Disputes Act 1947, hereinafter called the Act , filed by the appellant seeking approval of an order of removal from service passed against the respondent.

2. The facts may be shortly stated. The respondent was an employee of the appellant. Certain disciplinary proceedings were taken against the respondent who was working as conductor on charges which it is not necessary to mention. These charges were inquired into by the Disciplinary Officer of the appellant. That officer found the charges proved against the respondent and submitted his report to the competent authority i. e. Special Officer (Discipline). On May 18, 1967 the competent authority, after considering the report of the Inquiry Officer, recorded a note on the file expressing agreement with the report of the Inquiry Officer that the respondent be removed from service after giving him one month s wages. The last part of his order is reproduced below:

"The delinquent is removed from the service of the Corporation. He will be given one month s wages and