Judgment

VENKATARAMIAH, J.:- These two appeals by special leave are filed under Article 136 of the Constitution of India against the Order/Award dated 5-8-1985 in Application (IT) No. 88 of 1979 and Complaint (IT) No. 124 of 1979 in Reference (IT) No. 434 of 1978 on the file of the Industrial Tribunal, Gujarat by the appellant Fakirbhai Fulabhai Solanki against the Management of the Alembic Chemical Works Co. Ltd., Baroda.

2. During the pendency of a reference made under the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) to the Industrial Tribunal, Gujarat the management served a charge-sheet on the appellant who was one of the workmen working in the factory belonging to the management of the Alembic Chemical Works Co. Ltd., Baroda asking him to show cause why disciplinary action should not be taken against him for an alleged act of misconduct said to have been committed by him on July 12, 1979. The act of misconduct attributed to the appellant was that he was playing cards along with two other workmen during the working hours of the factory. It was alleged that the appellant had given a letter addressed to Shri R. A. Desai, Manager, Industrial Relations, Alembic