1. THIS appeal is at the instance of Graphite India Ltd. and it is directed against the judgment of a learned Judge of this Court whereby he discharged the Rule Nisi obtained by the appellant company challenging the propriety of the award of the 9th Industrial Tribunal, Durgapur. By the said award, the learned Tribunal reinstated the respondent no. 4 Ratan Chandra Das Gupta in his post with effect from the date of his dismissal with all back wages.

2. THE respondent no. 4 was at all material time an Inspector in the Production Control Department of the appellant company. On July 3, 1971 a charge-sheet was served upon him by the management inter alia to the following effect:

(1) On 2.7.71 he had been asked by the Supervisor of the department to sample 102x132x861 mm. size Anode, 'but instead of acting according to the instructions of the supervisor he straightway refused to carry out according to the instructions in spite of several verbal and written warnings,

(2) On 26.6.71 while he was handed over a letter by Sri J. K. Agarwal he, after going through the contents of the letter straightway refused to accept the same. Both these acts constituted major misconduct under the Mod