JUDGMENT :

Wanchoo, J.

1. This appeal by special leave arises from a dispute between the appellant and two of its workmen. The brief facts necessary for present purposes are these. The appellant framed charges against the two workmen involving gross negligence of duty and moral turpitude and two separate enquiries were held in the matter. The appellant came to the conclusion that the charges had been proved and the two employees should be dismissed. Thereafter it made two applications under Section 33 of the Industrial Disputes Act, No. 14 of 1947, for permission to dismiss the two workmen. These applications were heard by the Commissioner of Labour. He was well aware of the limits of his jurisdiction in dealing with an application under Section 33, for he himself says in the order that what a tribunal was concerned with in such cases was to ascertain if full and free opportunity had been given to an employee to present himself at the enquiry and to defend himself and that it was not the purpose of an enquiry under Section 33 to adjudicate upon any industrial dispute and all that had to be seen is whether the circumstances justify the lifting of the ban which is imposed on an employ