(1.) The present writ petition by employer (herein after referred to as such) M/s. awnpore Textile Limited, Kanpur is against an award of the Industrial Tribunal (IV), Lucknow dated January 23, 1979 in adjudication case No. 76 of 1976.
(2.) The employee, one Shri Jethoo, the workman, was dismissed by the employer on October 19, 1976. The cause of dismissal followed a suspension order on an allegation that he had abused a senior mistry in the department where the workman also worked. A domestic enquiry was held and the employer on the report of the Enquiry Officer came to the conclusion that the misdemeanour of the workman concerned in abusing the mistry warrants dismissal. Thus, the employer passed dismissal order dated October 18, 1976. This action of the employer was approved under Section 6-E of the U.P. Industrial Disputes Act, 1947 by the Industrial Tribunal.
(3.) The workman was aggrieved by the order of dismissal and he raised an industrial dispute; it was referred for adjudication by a referring order dated May 4, 1978.