JUDGMENT

GUPTA, J.:—The second respondent (hereinafter referred to as the respondent), Shri Rajendra Jha, was employed as a Registration Assistant in the Medical Department of the appellant company. He was appointed by the Personnel Manager of the company and his scale of pay was Rs. 245-440. On two different dates in 1973 the Chief Medical Officer of the Hospital served two charge sheets on the respondent for alleged acts of misconduct. The Chief Medical Officer also constituted a committee to inquire into the charges. The respondent participated in the inquiry. Agreeing with the findings of the committee appearing from its reports submitted in January, 1975 the Personnel Manager of the company found the respondent guilty of the charges and dismissed him from service by his order dated March 1, 1975. On the same day an application was made on behalf of the company before the Labour Court under Section 33 (2) (b) of the Industrial Disputes Act seeking approval of the action taken against the respondent. The respondent filed a written objection before the Labour Court contending that :

(a) according to Rule 8 read with the schedule of the Discipline and Appeal Rules of the company th