Judgment

GROVER, J; - This is an appeal by special leave from an order of the Industrial Tribunal, Rajasthan, dismissing the application of the appellant mills under S. 33 (2) (b) of the Industrial Disputes Act, 1947, hereinafter called the Act , and refusing to accord approval to the dismissal of the workmen concerned.

2. On the 18th December, 1947, the respondents workmen were charge-sheeted for certain acts of misconduct. Since they were not available for service, copies of the charge-sheet were forwarded to their addresses by registered post on December 20, 1967. The copies were also affixed on the notice board of the mills. The charge-sheet posted to respondent 1 was returned undelivered on or about the 24th December 1967. However, the charge-sheet, which was sent by registered post to the other respondent, was delivered to him on December 23, 1967. On that very day, letters were issued to the respondents fixing the date of enquiry on the 30th December 1967. Copies of those letters were posted on the notice board, and the mills also published in a local daily newspaper "Rashtradoot" in its issue of December 24, 1967, a notice to the respondents, informing them that the enquiry