JUDGMENT

Dr. AR. Lakshmanan, J. — This appeal is directed against the final judgment and order dated 9.10.2003 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition no.8594 of 1990, by which the High Court allowed the writ petition filed by the respondent no.1 and directed the appellant Management to pay to the respondent no.1 herein back wages to the extent of 75% till the date of superannuation or till the date of closure of the unit along with closure compensation and other admissible benefits. The appellant is the employer of respondent no.1 herein. He was appointed as a fitter with the appellant in its factory on 1.6.1956. The following charge-sheet dated 22.1.1976 was issued to the respondent no.1.

"Charge Sheet for misconducts.

The following charges are framed against you:-

1.That on 22.1.76 you were on duty in the shift from 12 night to 8 a.m. At about 4.30 a.m you unauthorisedly left your place of work and leaving your department you came to the boiler.

2.That at that moment when you reached at the boiler you shouted loudly Ramphal you throw both the new coolie into boiler. We would stop the work. As such, you threatened other workers and incited the