( 1 ) THIS petition is directed against an order of the national Industrial Tribunal of 22nd July, 2004 declining to grant its approval upon an application under section 33 (2) (b) of the Industrial Disputes Act, 1947.

( 2 ) THE first respondent was appointed as a Sweeper in the inflight Service department of Air India on 4th October, 1977 and was confirmed in service with effect from 1st October, 1978. On 1st October, 1991, he was promoted as handyman (Safai) and was deemed to have been confirmed with effect from 1st july, 1991. On 30th October, 1993, the first respondent was on duty in the third shift commencing from 2300 hours in the Catering and Cabin Service of Air india at Mumbai Airport. An incident is alleged to have taken place in which the first respondent, along with an employee by the name of S. V. Godambe who was an Assistant Cabin Supervisor proceeded in a Jeep towards an Aircraft, vt-EEO, which had operated Flight AI-710 from Dubai to Mumbai and which was parked at Bay 66. At about 2300 hours, the first respondent and his co- employee are alleged to have entered the Aircraft and to have removed two cloth bundles consisting of 92 contraband gold bars and to have thereafter alighted from the Aircraft and proceeded back to the Jeep. The first respondent and a co- employee were accosted by C. S. Pereira, a Customs Official who was on duty and who, as the evidence of the enquiry would show, had intelligence information about the unlawful activity which was to take place that night. Despite Pereira calling upon the occupants to stop the Jeep, this was not done and the occupants fled sway from the scene of incident in the Jeep. The Jeep was eventually apprehended at the Taxi Gate and Godambe was taken into custody. He in turn stated that the first respondent was the other person who was present with him in the Jeep and that he was working on an Aircraft belonging to Delta airlines. The first respondent was apprehended and it is alleged that in the course of interrogation, he confessed to his involvement and led the Investigating Party to the residence of a person by the name of Winjuda at Marol where a recovery of 92 gold bars was effected. The contraband weighed 10,727. 2 Grams valued at rs. 48,70,149/- in the local market. Winjuda is stated to have admitted before the customs Officers that the gold bars were handed over by the first respondent after the consignment arrived in the Aircraft which came from Dubai.

( 3 ) THE first respondent was placed on suspension pending an enquiry on 1st November, 1993. On 3rd March, 1994, he was chargesheeted in a disciplinary proceeding involving misconduct inter alia of dishonesty in connection with the business of the employer, and an act subversive of discipline under the provisions of the Central Model Standing Orders framed under the Industrial Employment model Standing Orders Act, 1946. Evidence was adduced in the course of the departmental enquiry. On behalf of the management, evidence was inter alia adduced of two Investigating Officers of the Customs Department, C. S. Pereira and Subodh Kumar. The first respondent stepped into the witness box in support of his defence. The Enquiry Officer held that the charges of misconduct were proved and on 31st July, 1996, a copy of the Enquiry Officer's Report was forwarded to the first respondent calling upon him to show cause as to why the findings should not be accepted. The first respondent submitted his reply on 28th february, 1997. The Competent Authority passed an order on 28th September, 1997, imposing the penalty of dismissal upon the first respondent. The order was communicated to the first respondent on 3rd December, 1997 together with a cheque in the amount of Rs. 8,708/- being wages of one month which were paid with reference to the provisions of section 33 (2) (b) of the Industrial Disputes act, 1947. The petitioner filed an approval application on 3rd December, 1997. By the impugned order, the Presiding Officer o