Kanhaiya Singh, J.

1. This is an application by Burra Kur Coal Co., Ltd. having its registered office at Dhanbad, for an appropriate writ under Article 226 of the Constitution for quashing the order of the Chairman, Industrial Tribunal, Dhanbad (opposite party No. 2), dated 28th March, 1958. Azimuddin Ashraff (opposite party No. 1) was employed by the petitioner as Register-keeper of the colliery, and his services were terminated with effect from 26th April, 1957 by a letter which is in the following terms:

"xx xx xx

Dated 26th April, 1957.

* * * * * *

Shri Azimuddin Ashraff,

Register-keeper,

Katras-Choitodih Colliery.

It is regretted that it has become necessary to terminate your services as you have been found, after medical examination by our Chief Medical Officer, to be physically unfit to carry out your duties and there is no prospect in the foreseeable future of your becoming fit to do so."

The opinion of the Chief Medical Officer is as follows:--

" Very old and infirm. No organic disease. Unfit for active duties due to infirmity on account of old age.

The said, termination will take effect from today and you will be paid one months salary in lieu of notice in accorda