JUDGMENT

JASWANT SINGH, J. :— This appeal by special leave which is directed against the judgment and order dated July 5, 1977 of the Bombay High Court dismissing the appellants special civil application No. 614 of 1972 and refusing to quash the order dated April 5, 1972 of the President, Industrial Court, Maharashtra, Bombay whereby the latter set aside the order of the 4th Labour Court at Bombay and directed reinstatement in service of Miss M. P. Padgaonkar, respondent No. 2 (hereinafter referred to as the respondent) with full back wages on the ground that her termination of service was bad in law raises the following questions:-

"Whether the termination of service of a permanent employee of the Bombay Electric Supply and Transport Undertaking on account of his unsatisfactory record of service can be regarded as punitive so as to compel the employer to hold a disciplinary enquiry?

or

whether such termination can be effected by giving in writing to the employee the aforesaid reason for termination and one calendar months written notice or pay including allowances admissible in lieu thereof?"

2. For a proper determination of the abovementioned question, it is desirable to state the c