( 1 ) WHAT the enlightened Legislature gave in its wisdom in the context of the felt needs of the time (the power under sec. 11a of the Industrial Disputes Act to reduce the punishment of dismissal or removal from service imposed on an industrial worker by an employer in a departmental proceeding) has been taken away by the Labour Court. Taken away inter alia on the ground that the power can be exercised only provided the worker (1) does not contest the proceedings (2) pleads guilty and (3) seeks mercy. And that provides the necessity for spelling out the principles for the exercise of these vital powers in the true spirit of the legislation.

( 2 ) THE question has arisen in the context of dismissal of an employee of the Gujarat Electricity Board (Board) working as a Helper for more than ten years as its Narol Sub Station by an order passed by the Exe- cutive Engineer Narol as per Annexure C dated 31/01/1975 The order of dismissal was passed in the context of two charges namely (1) absence from duty for about two days without obtaining prior per- mission and (2) theft of scrap material such as nuts bolts screws etc. valued at less than Rs. 50. 00. A reference was m