Nainar Sundram, J.

The appellant in W.A. No. 1058 of 1983 is the management of Madras Fertilisers Limited and it shall hereinafter be referred to as the 'management'. The second-respondent in W.A. No. 1058 of 1983, who died pending the same, was in the employment of the management and he shall hereinafter be referred to as the 'employee'. The employee was the sole appellant in W.A. No. 18 of 1984. His legal representative has been brought on record as third-respondent in W.A. No. 1058 of 1983 and as the second-appellant in W.A. No. 18 of 1984 and she shall be, when occasion comes, referred to as the 'legal representative'.

2. The employee suffered an order of dismissal from service in disciplinary action at the hands of the management. He raised an industrial dispute and that was adjudicated upon by the Presiding Officer, First Additional Labour Court, Madras, who shall hereinafter be referred to as 'the Labour Court'. The Labour Court came to the conclusion that the charge of misconduct was proved and the employee was guilty of insubordination and disobedience and his past record of service, being not complimentary to the employee, also warranted the imposition of the ex