MANAGEMENT OF BANGALORE WOOLLEN COTTON AND SILK MILLS COMPANY LIMITED MANAGEMENT OF BANGALORE WOOLLEN COTTON AND SILK MILLS COMPANY LIMITED Vs. B DASAPPA M T

JUDGEMENT

(1.) On January 1956 when a reference was pending before an Industrial Tribunal of a dispute between the Management of the Bangalore Wollen Cotton and Silk Mills Co., Ltd., the appellant in both the appeals and its workmen, an application was made by the Management under S. 33 of the Industrial Disputes Act for permission for discharge of Dasappa, the respondent in both the appeals. It was stated in the application that on an information being received that Dasappa had dishonestly removed property belonging to the Company a charge-sheet was framed against him and an enquiry held in which on a consideration of all the evidence the Manager came to the conclusion that the respondent was guilty of the charge made against him, which justified an order of discharge. This application was opposed by the Workers' Union on behalf of the Respondent, Dasappa and it was stated that the allegation of theft made against Dasappa was false and that the finding of the Manager was arbitrary and opposed to the principles of natural justice.

(2.) The Industrial Tribunal on a consideration of the evidence of the witnesses examined by the Manager and also of two witnesses examined before it, formally recorded its conclusion in these words:"Having regard to all the material placed before us we cannot accept the conclusion of the Manager and we hold that no prima facie case of theft is established against the respondent with the result that we cannot grant the permission for discharging the respondent."

(3.) Against this order of dismissal the appellant moved a petition under Arts. 226 and 227 of the Constitution for the issue of an appropriate writ or directions after quashing the Tribunal's order. This petition was dismissed by the Mysore High Court on September 27, 1957.