S.R. DAS, CJI.

(1) THIS is an appeal by special leave from a decision of the Labour Appellate tribunal, Calcutta, dated the 25/09/1953. The relevant facts lie within a narrow compass. On the 4th of May 1953 the appellant, the Rohtas Industries Limited, Dalmianagar, made an application to the said Labour Appellate Tribunal under section 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950 (47 of 1950), hereinafter referred to as the Act, for permission to discharge ninety six temporary employees in the following circumstances. The appellant company have a number of factories at Dalmianagar including a cement factory, power house, pulp mill, paper factory, chemical factory, factory for the manufacture of certain acids and an asbestos cement factory. The company had a number of temporary employees who were engaged temporarily in connection with certain erection works for the extension and enlargement of those factories. The terms of employment of these employees were embodied in a temporary appointment form which was signed by the employees as well as the management. The said terms stated, inter alia, that `the company could discharge the employee at any