LALIT MOHAN SHARMA and GOVIND MOHAN MISRA JJ.

1. By this application under Arts. 226 and 227 of the Constitution of India, the petitioner has challanged the order passed by the Presiding officer, Labour Court, Muzaffarpur, Respondent No.1, as contained in Annexure 6 to the writ application. The petitioner was employed as the chief Operator in the cinema hald know as Chitra Bani in the town of Purmen. Respondent No. 2 was the managing partner of the cinema.

2. According to the case of the petitioner, on 1-4.1971 he received a notice (Annexure 2) demanding explanation in respect of his conduct in a matter mentioned therein. The petitioner submitted his explanation (Vide Annexure 2/1.). On the 11th May, 1871, the petitioner is said to have recevied another letter through registered post from Respondent No. 2 calling upon to explain as to why he refused to received as letter dated 6-5-71 sent to him through peon with a peon book and why he had misbehaved with the manager of the cinema. The petitioner submitted his explanation as contained in Annexure 3 dated 13-5-71. Respondent No. 2 thereafter without holding an enquiry dismissed the petitioner by order dated 21-5-1971 as cont