GOPAL KRISHNAN NAIR, J.

( 1 ) THE petitioner is a public limited company called the Singareni Collieries Company Limited. This company represented by its Managing Director has filed the present writ petition under Article 226 asking the order dated 21-10-1963 passed by the Industrial Tribunal, Hyderabad in M. P. No. 36/ 63 in I. D. No. 15/ 63 to be quashed. The salient facts are as follows : The petitioner-company is a large mining concern more than 30,000 workmen. One workman called Ramaswami Naidu, a Canteen Mazdoor working as a cook in the Ramagundam division of the petitioner-company, was discharged by the management on the ground that he had not satisfactorily completed his probation. The workman claimed that he had completed his probation and that he must be considered to be a permanent workman, and dealt with on that basis under the standing orders of the Company. This claim eventually led to a reference being made to the Industrial Tribunal Hyderabad under section 10 of the Industrial Disputes Act (hereinafter referred to as the Act ). Pending this reference, the second respondent was dismissed by the management on 22-7-1963 on the ground of misconduct. The misconduct lay in

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