A.N.Grover, J.

1. This is a petition under Articles 226 and 227 of the Constitution which has been placed before us for disposal owing to an order of reference made by my learned brother on 10th May 1962. In order to decide the points which require determination, the facts may be stated first.

2. The petitioner, is a transport company and Manohar Lal was employed as a "driver by it. He was driving bus No. PNR 2034 on 26th June 1959 which was transporting passengers from Rohtak to Delhi. It appears that there was some quarrel near the Delhi traffic barrier between Manohar Lal and the checker of the company, Chaman Lal during the course of which the former is alleged to have given a slap to the latter. On a complaint an enquiry was held by Shri Hargopal Singh Sawhney who was appointed for that purpose by the company. Manohar Lal was found guilty of misbehaviour towards the checker and also of obstructing him in the discharge of his duties. He was ordered to be dismissed from service, on 28th December 1959. An industrial dispute having arisen between Manohar Lal and the petitioner it was agreed that it should be referred to the arbitration of respondent No. 1 Ch. Risal Singh,