JUDGMENT :

Pendse, J.—By this petition filed under Article 226 of the Constitution of India, the petitioner-Air India are challenging the legality of the order dated April 30, 1983 passed by the Presiding Officer, National Industrial Tribunal, Bombay, dismissing the application seeking approval to the action of removal of respondent No. 1 u/s 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The facts giving rise to filing of that application are as follows.

2. Respondent No. 1 was an employee of Air India and working as Traffic Supervisor in the Commercial Department at Calcutta. On or about Nov. 17, 1980 a charge-sheet was issued to respondent No. 1 alleging wilful insubordination, disobedience and disorderly behaviour and wilful damage to the work and property of the Corporation. The charge pertains to the actions of respondent No. 1 on Nov. 9, 1980 and Nov. 12, 1980. The charge-sheet recites that respondent No. 1 on Nov. 9, 1980 took away some of the important flight papers in respect of the flights to be operated on that day and misbehaved with his superior officer; while on Nov. 12, 1980 the employee was found preventing passengers from flyin