( 1 ) THIS special civil application raises very interesting questions regarding the powers of an Industrial Tribunal when dealing with an application made under sec. 33 (2) (b) of the Industrial Disputes Act 1947

( 2 ) MULJI Ganda the 2nd respondent before us was an employee of the Dhrangadhra Chemical Works Ltd. the petitioner before us. For most of the time he had done the work of a stone feed coolie. It is alleged that on 6th September 1961 he threatened Dulerai Dave the shift mecha- nical engineer employed by the Dhrangadhra Chemical Works Ltd. and used abusive language. According to the evidence of Dave given before the inquiry officer he threatened to chop off Dave and thereafter to chop off all persons in the office. He is further alleged to have stated that Dave knew that he Mulji Ganda had been sentenced to jail for six months and that Dave should think over the matter and that after killing Dare he would kill all and sundry. This incident occurred on the early morning of 7th September 1961 between the hours of 1 A. M. and 2 A. M. A complaint was made to the police in the afternoon of 7th September 1961 The statement of Dave was recorded and so also the stat