D. A. DESAI, J. B. MEHTA, J. B. MEHTA, J.

( 1 ) THIS petition by a helper employed by the Ahmedabad Co-operative Department Stores Limited (employer for short) questioned the correctness and validity of an order made by the Manager of the employer on December 19 1973 dismissing the petitioner from the service of the employer and the order made by the Labour Court Ahmedabad in Reference I. C. No. 217 of 1974 converting the order of dismissal into one of discharge.

( 2 ) THE backdrop of the case which will illuminate the issues that have been canvassed at the hearing of this petition may be briefly stated. By November 17 1973 the petitioner was serving as a helper employed by the employer for two and half sears and was assigned the work of preparing bills and weighing commodities sold to the customers in the premises of the employer. On the relevant date that is on November 17 1973 he was in receipt of a consolidated monthly wages of Rs. 145. 00. On November 17 1973 somewhere in the evening one customer came to purchase wheat. It is alleged that he purchased 10 Kg. of wheat and a bill to that effect was prepared by the petitioner and when he started weighing the quantity of wheat in t

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