JUDGMENT - J. R. MUDHOLKAR J. :

This is a petition under Articles 226 and 227 of the Constitution and is directed against the order of the State Industrial Court, Nagpur, which confirmed the order of the Assistant Labour Commissioner, Nagpur, refusing to order re-instatement of the petitioner.

(2) It is common ground that the petitioner was employed as a Fitter with R. S. Rekchand Mohota Mills, Hinganghat, and was removed from service as from 19-10-1954 after having been offered one months salary in lieu of notice.

(3) The petitioners contention before the two Tribunals below was and still is that the action taken against him was, in fact, one of dismissal and that as he was not given an opportunity to show cause against his dismissal that dismissal was erroneous. It is pointed out on his behalf that under Standing Order 25 in cases of this type opportunity has to be given to the employee before his dismissal from service.

(4) On behalf of the respondent No. 3 R. S. Rekchand Mohota Mills, it was contended that the action taken was under Standing Order 23 which did not require any opportunity to be given to the petitioner to show cause against the termination of his service. This conten

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