JUDGMENT

BHAGWATI, J.:— These two appeals by special leave raise a short but interesting question of law relating to the interpretation of Ss. 33 (2) (b) and 33C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). The facts giving rise to the two appeals are almost identical and it would, therefore, be sufficient if we set out the facts of only one of the two appeals, namely Civil Appeal No. 1375 of 1977.

2. The first respondent was a workman employed as an operator in the undertaking of the appellant from 1st March 1970 and he was in receipt of Rs. 100/- per month as salary which would have been raised to Rs. 115/- per month from 1st August, 1972 if he had continued in service with the appellant. But on 21st December, 1971 the 1st respondent was suspended by the appellant and a charge-sheet was served upon him and before any inquiry on the basis of this charge-sheet could be held another charge-sheet was given to him on 17th April, 1973. This was followed by a regular inquiry and ultimately the appellant, finding the 1st respondent guilty, dismissed him from service by an order dated 23rd December, 1974. Now, at the time when the 1st respondent was dismis