PATHAK J. : I agree that the appeal must be dismissed. And in view of the importance of the questions raised, I propose to set out my reasons.

2. The facts are already set put in the judgment of my brother Gulati and I need not repeat them, here.

3. The appellant has raised three questions before us.

4. The first contention is that the judgment of this Court in Special Appeal No. 473 of 1960 operates as res judicata and this appeal should also be disposed of on the ground which found favour there. I cannot agree. That case was taken in appeal to the Supreme Court, and the appeal was allowed to be withdrawn with liberty to file a fresh petition. In the circumstances, it cannot be said that any finding in the appeal concludes the questions raised before us. The Supreme Court expressed no opinion on the merits of the points raised in the appeal and cannot be taken, therefore, to have approved of what was decided by this Court. Indeed while allowing the appeal to be withdrawn it expressly granted liberty to the respondent to file a fresh petition. The first contention is rejected.

5. The second contention is that the findings of the Administrative Tribunal and its consequent recom