T.L.VENKATARAMA AYYAR, J.

(1) THE central Provinces Transport Services Ltd., Nagpur, was, at the material dates, a public limited company, and the respondent was employed as a mechanic therein. In June 1950, goods belonging to the Company were stolen, and suspicion fell on the respondent. There was an enquiry into the matter, and that resulted in his dismissal on 28/06/1950, on the ground of gross negligence and misconduct. He was then prosecuted on a charge of theft, but that ended in his acquittal on 3/03/1952. Thereafter, be applied to the Company to be reinstated, and failing to get redress, filed on 1/10/1952, an application before the Labour Commissioner under section 16(2) of the central Provinces and Berar Industrial Disputes Settlement Act 23 of 1947, hereinafter referred to as the Act, for reinstatement and compensation. The Company resisted the-claim on the ground, inter alia, that as the applicant had been dismissed on 28/06/1950, he was not an employee on the date of the application, that accordingly there was no `industrial dispute touching the dismissal of an employee` as required by s. 16, sub-ss. (1) and (2) of the Act, and that, in consequence