JUDGMENT

TULZAPURKAR, J. — The principal question raised for our determination in these appeals is : Whether on its proper construction the certified Standing Order 17 provides for second opportunity being given to a workman after conclusion of the enquiry into his misconduct and before inflicting on him the punishment of dismissal and if so whether the enquiry gets vitiated by not affording him such opportunity?

2. Facts giving rise to the question may be stated. The Associated Cement Companies Limited (hereinafter called the appellant) has quarries worked by its department called Kymore and Bamangaon Lime-stone Mines at Kymore, District Jabalpur, M. P. Workers employed in the said quarries have a union called Kymore Quarry Karamchari Sangh and the four concerned workmen Rama Shanker, Barmapradhan, Emmanuel and Mohd. Rauf (hereinafter called the respondents) were at the material time the office-bearers in the union.

3. In connection with the implementation of the recommendation of Second Central Wage Board for the cement industry, after serving a strike notice on the management of the appellant on 13th September; 1968, the Karamchari Sangh and all its members went on a strike for 24