Mr. Smith joined ABC Fertilizers Manufacturing Company in September 2001 as a Junior Operator Trainee. Within the non-executive category, the company had five levels from G1 (the lowest grade) to G5 (the highest grade). Smith joined at G2 level. After training, he was absorbed in the Ammonium Sulphate Shop as a Junior Operator. He rose up to the level of G4 in February 2005 because of his sincere and hard work. All through these years, he kept away from union activities. He never refused or avoided any job. Very often his officers used to ask him to do additional jobs which he did willingly. Gradually Smith became a handy man for all various assignments which others might have refused. Since June 2006, Smith was regularly asked to perform certain duties which were actually to be done by a G5 level operator as the post in the higher grade was vacant. However, as per the company's rules, Smith was not eligible for promotion to the higher grade at that time. Gradually, Smith started performing all the duties attached to the higher post. About this time, Smith started taking interest in union activities. On August 8, 2007 Smith was instructed by his superior to stop one agitator pump and start another one. He was also asked to normalise the operation of the sulphate drier. Later his boss alleged that he did not attend to these jobs and neglected his normal inspection duty as a result of which tar got settled in a tank which was to remain free of tar. On August 12 of the same year, Smith was instructed to attend to the breakdown of discharge feeder chain and conveyor. Later his superior alleged that he did not do this job. On both these days, Smith did not fill the section's log book which was a part of his normal duty. On August 25, 2007 a show-cause notice was served on Smith demanding explanation within 48 hours as to why disciplinary action should not be taken against him. He replied on August 29 of the same year, denying the allegations and stating that the management had fabricated the charges. As per the compan