JUDGMENT

1. Leave granted.

2. The respondent who had been appointed as a Booking Clerk by the appellant was suspended during the pendency of the disciplinary proceedings initiated by the appellant against him. After the service of the charge-sheet the service of the respondent with the appellant was terminated on 15-3-1973. The respondent filed an appeal before the Deputy General Manager of the appellant. The appellate authority stated that the respondent herein had been careless in his duty but that such carelessness did not warrant an order of dismissal. Accordingly the order of dismissal was converted to one of removal and a fresh chance was given to the respondent to work with the appellant. It was, however, clarified that the respondent would not get the benefit of his earlier service with the appellant. On the basis of this order the respondent joined service with the appellant.

3. Thirteen years later, on 15-6-1986 the respondent raised an industrial dispute challenging the order of the Deputy General Manager whereby he had been permitted to be re-employed with the appellant.

4. The Labour Court set down the matter for ex parte hearing on 8-1-1987 on the ground that the appellan