( 1 ) THE facts is this case are shortly as follows: The petitioner is a company incorporated, with liability limited by guarantee, under the India Companies Act. The company maintains a Club for the benefit of its members at premises No. 33 Chowringhee Road in the town of Calcutta. Respondent 1 Santi Ranjan Somaddar was employed by the petitioner since 1-2-1947 as an assistant bill clerk. It is stated that he frequently absented himself from duty, so much so that during his seven years of employment he was absent for a total of almost three years. It is further stated that other office clerks have from time to time requested the Secretary of the Club to take some steps to find another employee or make some arrangements for the work to be done during the absence of respondent 1, the burden of which fell upon them. On or about 9-6-1954 he absented himself from duty without any leave or authority and continued to absent himself. By letters dated 25-6-1954 and 8-7-1954 the petitioner required respondent 1 to resume his duties but he failed to do so. He also failed to furnish a satisfactory explanation for his long and obstinate absence. It appears from the correspondence th