JUDGMENT - Chagla, C.J.

1. This is an appeal from the judgment of Desai J. by which he dismissed the petition presented by the appellant under Articles 226 and 227 of the Constitution.

2. The petitioner was in the service of the second respondent company as a driver; and on 28th November 1952, he was on duty at the Santa Cruz Aerodrome in an area where smoking Is prohibited, and was found smoking in that area. Action was taken by the second respondent company against the petitioner for smoking in the prohibited area.

The petitioner admitted his guilt, and the second respondent company applied under Section 33, Industrial Disputes Act, 1947, as amended by the Industrial Disputes (Appellate Tribunal) Act, 1950, for the permission of the Industrial Court for dismissing the petitioner. The Industrial Court refused the permission. On that the second respondent company preferred an appeal to the Appellate Tribunal, and the Appellate Tribunal reversed the decision of the Industrial Tribunal and granted the permission sought for by the second respondent company.

3. It is urged by the petitioner that the Appellate Tribunal had no jurisdiction to entertain the, appeal as the decision of the

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