JUDGMENT :

P.B. Gajendragadkar, J.

1. This appeal by special leave arises out of an industrial dispute between the appellant the Tata Oil Mills Ltd., and the respondents its Workmen. The dispute was in regard to the termination of services of Mr K.P. Gupta. It appears that the appellant passed an order terminating his services on February 16, 1959. In this order, the appellant stated that some enquiries had been held into his misconduct and as a result thereof, the enquiry officer had reached the conclusion that the charges framed against him had been proved. The order then goes on to add that in view of the said findings, the appellant would have been justified in dismissing Mr Gupta; however, instead of doing so, it had decided to put an end to the contract of service of Mr Gupta under service Rule 40(1). The order adds that Mr Gupta would be paid a month's salary in lieu of notice. The dispute which was referred to the Industrial Tribunal for its adjudication was whether the termination of Mr Gupta's services brought about by the order passed by the appellant on February 16, 1959 was justified or not. The respondent urged that it was not justified whereas according to the appella