Bhagwati, J. - (1.) THE Labour Appellate Tribunal of India at Lucknow dismissed the application of the appellant made under section 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950, for permission to dismiss the respondent, its workman, and the appellant obtained from this Court Special Leave to Appeal against that order.
(2.) THE respondent has been working as a Steno -typist with the appellant since 3rd December, 1946, and is also the Vice -President of the Union of workers which is affiliated to the Indian National Trade Union Congress and is known as Chini Mills Mazdoor Sangh. One M. P. Singh has at all relevant times been and is still the General Manager of the appellant. The relations between the appellant and its workmen are governed by the Standing Orders framed by mutual agreement between the Labour and the Sugar Mills in Uttar Pradesh which have been approved by the Government of Uttar Pradesh. Clause L(1) (j) of the said Standing Orders runs as under : - "Drunkenness or gambling or riotous or disorderly behavior while on duty in factory premises, or in quarters provided by the mills or elsewhere or any act subversive of discipline".
(3.) THESE are among the items of misconduct which would entitle the appellant, after due enquiry, to dismiss a workman from its employ.;