Judgement

ALAGIRISWAMI, J.:- This is an appeal by special leave against the order of the Industrial Tribunal, Delhi in an application made under Section 33 (2) (b) of the Industrial Disputes Act by the appellant for approval of their action in dismissing the respondent.

2. The respondent was dismissed while an industrial dispute was pending before the Industrial Tribunal. Therefore, the appellant made the application. Four charge-sheets were served on the respondent on 15-12-1965, 31-12-1965, 1-1-1966 and 4-1-l966 containing in all eight charges. On 8th January, 1966 an enquiry officer, proceeded to hold the enquiry. The respondent appeared before the enquiry officer and wanted to consult somebody outside. He came back after about an hour and 15 minutes and the enquiry was resumed. When he was asked to sign the first page of the enquiry proceedings the respondent refused to do so. He again left the enquiry saying that he would consult his companions outside. When one of the Management s witnesses, Mr. P. S. Bedi was about to give his evidence the respondent s brother entered the enquiry room and asked "who is Mr. Gulati. I want to see him and find out his office address and residenti