(1.) On a reference made by Rama Jois, J, this writ petition is posted before for disposal.
(2.) In the order of reference, the facts of the case, one of the principal points that arises for determination and the reasons for making the reference are succinctly set out and therefore a detailed narration of the facte is not really necessary. But in order to make our order self-contained, we first propose to notice the facts as emerging from the pleading and File Nos. SWL 99 LLD 77, SWL 111 LLD 76 of the Karnataka Government Secretariat and File No. IDA-5/CR-178/75-76 of the Office of the Labour Commissioner made available by the learned Advocate General at our request and then deal with the contentions that arise for determination.
(3.) M/s. Indian Telephone Industries Ltd., Bangalore, is a wholly Owned Central Government Company engaged in the business of manufacture and supply of telephones in our Country and has on its rolls about 10,000 emplpyees. As a background, the petitioner has referred in derail to the dismissal of one Shri. V. V. Thyagaraja Iyer of the Cross-bar Division on 29-9-1973 for proved misconduct and various other details that are rot really necessary for determining the issues that arise before us and therefore it is not necessary to notice them in detail.