PFIZER LIMITED Vs. MAZDOOR CONGRESS

JUDGEMENT

(1.) These are appeals by special leave from the judgment of the Bombay High Court whereby the appellants under Article 227 of the Constitution, filed by respondents 2 and 3 herein, was allowed and the orders of the Labour Court and the Industrial Court which had upheld the termination of their services was quashed with a direction to the appellant to give all consequential benefits to the said respondents.

(2.) The appellants is, inter alia, engaged in the manufacture of pharmaceutical products. At the material time Waman S. Surve and R.B. Sail, respondents 2 and 3, were engaged as security staff (watchman and havaldar respectively) at the factory of the appellant situated at Thane, Bombay. It appears that on 7th August, 1975 one temporary workman named Parkar employed by the appellant at its aforesaid factory was caught by the appellant's security staff while he was trying to take away certain products of the appellants. Parkar was handed over to the police authorities and during the course of investigation he is stated to have disclosed to the police that besides himself two other workmen of the appellants employed in watch and ward section, namely, respondents 2 and 3 herein were involved in a conspiracy to commit theft of the products of the appellants.

(3.) On 28th August, 1975 the said respondents 2 and 3 were arrested by the police. It is the case of the appellants that during the course of interrogation both the said respondents confessed that they were involved in the theft of the appellant's products and their statements were recorded on 9th and 10th August, 1975 by the police in the presence of two panchas. Based on the same information the police is stated to have raided the houses of respondents 2 and 3 and recovered stolen property therefrom, which consisted of medicines manufactured by the appellant company.