The Mettur Industries Ltd., is the petitioner. The first respondent, A.R. Varma, was employed in the petitioner’s Mills in Mettur Dam as a Weaving Production Clerk. On 28th November, 1956, the petitioner dismissed the first respondent on the charge that he had been found sleeping on three occasions while on duty on the night of 22nd November, 1956. During the enquiry held against him the first respondent handed over to the enquiring officer a letter, a copy of which is Exhibit A, to which reference will be made presently. At the time the order of dismissal was passed, an industrial dispute between the workmen and the management of the petitioner was pending. So the petitioner filed an application under section 33 (2) of the Industrial Disputes Act before the Labour Court for the approval of the action which the petitioner had taken. The first respondent Varma also filed a complaint under section 33-A of the Industrial Disputes Act alleging that the petitioner had contravened the provisions of section 33 of the Act. The Labour Court heard both the petitions together and in an award, dated 13th March, 1957, held that the dismissal of the first respondent was unjustified and that