JUDGMENT

KRISHNA IYER, J.:—This is an appeal, by special leave, from a judgment of the High Court in Writ Appeal by a Division Bench which confirmed the judgment of a learned single Judge of that court who, in turn, refused to interfere with the award of the Industrial Tribunal.

2. The facts briefly are: that the 2nd respondent was an employee under the appellant for a long number of years. There was no blemish in his service, and Shri Sachin Choudhary for the appellant has very fairly stated that there was no complaint against the services of the 2nd respondent while he was employed by it. But the 2nd respondent fell ill and applied for leave. It so happened that his illness persisted for a long time and the Management, quite rightly, granted him leave from time to time. On 4th November 1963 his leave expired and on 5th November, 1963 the Management, invoking a clause in the contract of employment, terminated his employment. It is that order of termination that was set aside by the Industrial Tribunal and affirmed from court to court up to now. The particular clause in the contract which was relied on by the Management stated that:

It was open to the employer to determine the employ