Ramakrishnan, J.

This appeal is filed against the judgment of Veeraswami, J., in Writ Petition No. 380 of 1960. The petitioner, S. Rangarajan, was employed under respondent 1, the Srirangam Janopakara Bank, Ltd., Srirangam, as its secretary, with effect from 17 October, 1953. On 16 May, 1954, the board of directors framed certain charges against him and kept him under suspension pending enquiry. He was asked to show cause against disciplinary action, and he submitted his explanation on 19 May and again on 24 May, 1954. On 10 June, 1954, at 12 noon, he was informed that the board of directors would hold an enquiry into his case at 6 p.m. Subsequently, the board of directors, by a resolution, found the petitioner guilty, and removed him from service. The petitioner filed an appeal against the order, to the Additional Commissioner for Workmen's Compensation, under S.41(2) of the Shops and Establishments Act, 1947 (hereinafter referred to as the Act). At the initial stage there was a controversy as to whether the petitioner was actually present at the enquiry. The Additional Commissioner expressed the opinion that, though the petitioner was present at the enquiry, he was not