( 1 ) THIS petition raises a question of some importance affecting the construction of section 33 (2) of the Industrial Disputes Act 1947 to be referred to be us hereinafter as the Act. The matter has been argued before us by Mr. S. D. Parekh with ability and discerment and he has made a valiant attempt to persuade us to hold that a decision of the Bombay High Court on the identical question should not be regarded by us as binding on this Court and he has taken his stand on the ground that that decision to which we shall presently turn was delivered per incuriam.

( 2 ) THE facts may be succinctly stated. The petitioners are a Limited Company which owns a factory at Jamnagar. The second respondent was in the employment of the petitioners-Company and he was charge-sheeted by the Company on 14/09/1959 and a departmental inquiry was held against him. After the inquiry the employer dismissed the second respondent from employment. At that time conciliation proceedings were pending before the first respondent. An order was passed by the employer discharging the service of the second respondent and in that order it was mentioned that the amount of one months salary had been