1. What is challenged in this Original Petition, filed by a registered trade union, is Ext. P1 award of the Central Government Industrial Tribunal at Madras, in a dispute relating to the non-employment of a clerk named Ivan D'Souza. The facts disclosed by the award, and the documents produced before the Tribunal and referred to at the hearing, are these.

2. D'Souza had commenced service in the Steamer Department of Harrisons & Crosfield Ltd. from 1954. At the material time, it was his duty to supply provisions and to meet the claims of staff, crew etc. when ships arrived at the Cochin Port. For this purpose, he was being entrusted with company's funds and the practice was for him to furnish bills and accounts after meeting the necessary expenses On 7-12-73 D'Souza sent a telegram to the management resigning from its service, and this was confirmed by a letter of the same date, which contained the following "post script":

"I would be sending you various bills for respective ships which please debit to the concerned people and adjust where required in the event there are out standings. This would be done in the course of a month".

It is said that the management then made an