JUDGMENT :

Shelat, J.

1. This appeal, by special leave, disputes the correctness of the order of the High Court of Assam and Nagaland quashing the approval of an order of dismissal by the Industrial Tribunal, Assam, under Section 33(2) of the Industrial Disputes Act, 1947.

2. Respondent 1, an employee of the appellant-Company is an insured person under the Employees State Insurance Act (34 of 1948). He was reported sick by the Insurance Medical Officer, Tinsukhia on May 1,1963 and was shown under his treatment till May 29, 1963 by his certificate which also suggested that the respondent might continue under treatment until June 4, 1963. As no further information was received from Respondent 1 or the said Medical Officer, the Company wrote to the latter, who reported that Respondent 1 had left his treatment without permission or intimation to him. By his certificate dated October 5, 1963 the Insurance Medical Officer, however, informed the management that Respondent 1 was under his medical treatment. That certificate being contradictory to the earlier information given by the Medical Officer, the Company treated the absence of Respondent 1 from June 4 to October 5, 1963 as unaccounted