JUDGMENT

RANGANATH MISRA, J.:—The workman is in appeal after obtaining leave under Art. 136 of the Constitution from this Court. The appellant was working as librarian under the respondent-employer. His services were terminated on May 24, 1977, on payment of a months salary. Appellant laid a complaint before the Industrial Tribunal under S. 33A of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and the Tribunal came to find on hearing parties that though the charge of misconduct within the meaning of clause 16 (iii) (a) of the Standing Orders had been established, punishment of termination of service was not warranted. Accordingly, reinstatement was ordered. The direction of the Tribunal ran thus :

"Considering the facts and circumstances of the case and evidence on record I direct the opposite party (employer) to reinstate the complainant (appellant) with half of his back wages and other benefits from the date of termination of his service (24-5-1977) within one month from the date of pronouncement of this award."

The employer applied to the High Court under Art. 227 of the Constitution to quash the direction of reinstatement and in support of the stand it was