AJIT K. SENGUPTA, J.

( 1 ) THE appellant-petitioner, Saroj Kumar Maheswari, was employed as Assistant Development Engineer in Hindusthan Motors Limited (hereinafter referred to as the "respondent company" ). The services of the petitioner were terminated with effect from June, 1970, under the service rules of the respondent company. The petitioner being aggrieved by the said order of termination made an application under Section 33a of the Industrial Disputes Act, 1947, before the 4th Industrial Tribunal. The Tribunal by an award dated August 17, 1974, set aside the order of termination of the services of the petitioner and directed his reinstatement with half back wages from the date of termination up to the date of the order of the Tribunal.

( 2 ) THE respondent company thereafter filed an application under Article 226 of the Constitution of India for setting aside the said award whereupon rule nisi was issued and operation of the said award was stayed. By judgment and order dated September 16, 1976, Amiya Kumar Mukherjee J. discharged the rule nisi. The respondent company, thereafter, filed an appeal against the said order dated September 16, 1976, and the said appeal was also

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