JUDGMENT :

B.H. Marlapalle, J.—This Letters Patent Appeal arises from the judgment and order, dated December 3, 1990, passed in W.P. No. 3970 of 1989 by this Court (Single Bench). It would be appropriate to list out the factual matrix, in short, leading to Writ Petition No. 3970 of 1989.

2. The respondent No. 1 (hereinafter referred as the employee, for Short), was issued a chargesheet on December 24, 1983 alleging that while he was on duty in the first shift on December 21, 1983 he had left his work place and instigated the workers of the Ring Frame Department to illegally stop the work and accordingly the work was suspended. He had thus instigated and participated in an illegal strike by collecting the workers from Ring Frame Department, in front of the Spinning office and when they met the Spinning Master he had told them to restart the work, the employee disobeyed the orders. The charges, as per the Model Standing Orders applicable to the Textile Mills read as under:

(i) Going on an illegal strike or abetting, initiating, inciting or acting in furtherance of such strike;

(ii) wilful damage to work in process or to any property of the undertaking;

(iii) wilful insubordination or diso