This application has been taken out under Article 226 of the Constitution by the Good Year India Ltd. under the following circumstances.

2. The petitioner company prior to 1972 had its head office situate at 225C, Acharyya Jagadish Ch. Bose Road, Calcutta and the district Sales Office at No. 60, Chowringhee Road, Calcutta. In the Year 1972, the Head Office of the petitioner company was shifted to New Delhi and subsequently the registered office was shifted from Calcutta to Ballabgarh. Consequently the petitioner only has a small establishment at Calcutta at No. 60, Chowringhee Road. The respondent No. 2 A.N. Bhattacharyya was an employee of the petitioner Company working in the capacity of a Billing Clerk at the office at 60 Chowinghee Road, Calcutta. He was dismissed by the petitioner company on 21st of November, 1967 on the basis of the finding at a domestic enquiry in which he was found guilty of number of charges. Those charges were that the 2nd respondent along with another employee named B.N. Dutt instigated the warehouse subordinate staff attached to the 60 Chowringhee Road not to unload the truck loaded with large sized tyres and thereby instigated the subordinate staff