Judgement

OZA, J.:- This appeal on leave has been filed against the judgment of the Gauhati High Court delivered in Civil Revn. No. 96 of 1973 decided on March 7, 1974 (reported in 1975 Lab. IC 1539). The short question that arises in this appeal is in respect of the jurisdiction of the Civil Court to entertain a suit that was filed against the respondent defendant. The appellant plaintiff was an employed-of M/s. Empire of India and Ceylone Tea Co. Pvt. Ltd. Calcutta. The Manager of the Company who was defendant No. 2, on 16-10-1971 served a notice on the appellant plaintiff asking him to explain certain charges of misconduct. In the course of domestic enquiry held by the management, the appellant plaintiff was ultimately dismissed from service on 28th November, 1971. According to the appellant plaintiff the order of dismissal is contrary to the provisions of the Standing Orders framed under Industrial Employment (Standing Orders) Act, 1946 and on this ground he sought the relief of declaration that the dismissal is null and void and inoperative as he was not guilty of any misconduct as no enquiry was conducted, the dismissal was bad in accordance with the Standing Orders. He also s