JUDGMENT :

Gajendragadkar, CJI.

The short question which arises for our decision in these two appeals is whether the domestic enquiry held by the appellant, Saran Motors (P) Ltd., against two of its employees, Vishwanath and Har Saran Singh, was vitiated by the fact that the Enquiry Officer began and conducted the enquiry with a bias against the employees and in favour of the appellant and whether his conclusions suffer from the vice that they are not supported by any evidence and can be characterised as perverse.

2. The present proceedings began with two applications made by the two employees under Section 33-A of the Industrial Disputes Act, 1947 (14 of 1947). By their applications, the two employees alleged that they had been dismissed from service by the appellant in contravention of the provisions of Section 33 of the Act, it appears that on the 7th of March, 1960, orders of discharge simplicitor were served by the appellant on the two employees who will be called the two respondents hereafter. The two respondents pleaded that these orders of discharge really amounted to their dismissal and, since, according to them, Section 33 had been contravened, the said orders ought to be se