Judgment

KRISHNA IYER, J.:- This is an appeal by special leave where the High Court has dismissed the suit of a workman who was dismissed by his emplouer, the respondent. The case put forward by the appellant in his plaint was that his dismissal was illegal and contrary to the Model Standing Orders which were applicable to this industry. Without going into the question as to the maintainability of the suit, the High Court dismissed the appeal on the short point that the material facts necessary to constitute a cause of action about the illegality of the dismissal had not been averred in the plaint. More specifically, the High Court pointed out that there was no averment to the effect that the past record of the worker had not been considered while making the order of dismissal. This is the basic contention relied upon by the appellant to demolish the dismissal order. Shri Jain appearing for the appellant has taken us through the plaint averments and other connected proceedings. We are satisfied that this plea that the past record of the employee has not been considered while dismissing the appeal has not been averred at all. On this alone the suit must fail. We do not go into the qu