JUDGMENT :

ABHYANKAR, J.

1. The petitioner, the Ballarpur Collieries Company, is a registered partnership firm. It has its registered office at Bisesar House in Nagpur. The petitioner owns coal mines in Chanda district in this region. The business of the company is to sell coal extracted from its mines. The Head Office of the petitioner is at Nagpur and that consists of office staff of thirty-five persons. It was stated by the petitioner that the Head Office at Nagpur carried on correspondence with lawful authorities, mines and customers and received amounts of the bills of coal supplied to the customers. The staff of the mines is transferable to the Head Office and vice versa.

2. Respondent No. 3 was a stenographer. He had put in about 24 years service as such with the concern. The present petitioner has acquired interest in the coal business from the predecessor with whom respondent No. 3 was also working. He was drawing a salary of Rs. 317 per month including allowances etc. at the relevant time. It appears that the petitioner permitted respondent No. 3 to go on leave and join duties on return from leave on or about June 19, 1959. On June 22, 1959, respondent No. 3 had an interview