JUDGMENT :

Chandurkar, J.

1. The petitioner was in the employment of respondent No. 1 company as a watchman. He was charged with misconduct on the ground that at about 12.40 a.m. on 6th July, 1976, while he was working in the third shift, he along with another security guard assaulted a canteen boy after having come near the gate of Parle Beverages Private Limited factory. This misconduct, according to the employer, would fall under the Standing Orders which refer to "drunkenness, riotous, disorderly or indecent behaviour on the premises of the establishment" and "commission of any act subversive of discipline or good behaviour on the premises of the establishment". On the ground that as a result of the enquiry the misconduct was proved, the enquiry the misconduct was proved, the petitioner was dismissed on 30th November, 1976. The Union raised an industrial dispute arising out of this dismissal of the employee and another watchman and this dispute was referred to the Labour Court. One of the grounds on which the dismissal was challenged was that the enquiry was conducted in violation of the principles of natural justice. Allegation of victimization was also made. The employer had co