( 1. ) THIS is a petition under Article 226 of the Constitution of India.

( 2. ) ABDUL Rehman, non-petitioner No. 1, was at the material time an employee of the Central India Machinery Manufacturing Co. Ltd. (CIMCO ). Petitioner No. 2 was at the material time working as a fitter in the petitioners factory; petitioner No. 1 is the factory manager.

( 3. ) THE case of the petitioners is that on 7-9-1962 at about 8 P. M. Abdul Rehman was caught red-handed while committing theft of brass piece weighing about 5 lbs. of the value of Rs. 35 from the petitioners factory. He was handed over to the police station. He was prosecuted for theft, but was acquitted by the trial Magistrate, vide Annexure R-1. As Abdul Rehman absented himself from duty and avoided to remain present till 28th September, 1962 without obtaining any leave or even applying for leave, the management treated him as having abandoned his job and his services were terminated with effect from 29-9-1962 and his name was also struck off the rolls.

( 4. ) ABDUL Rehman filed an application in the Labour Court under Section 31 (3) of the M. P. Industrial Relations Act on 3-1-1963 after giving an approach notice to the petiti