WORKMEN OF BALMADIES ESTATES Vs. MANAGEMENT BALMADIES ESTATE

JUDGEMENT

(1.) Challenge in this appeal is to the order of the Madras High Court dismissing the writ appeal filed by the appellant. The writ appeal was filed against the order of a learned Single Judge of the High Court in Writ Petition No. 589 of 1987.

(2.) Two workmen-Stephen and Nallusami were issued with charge sheets on 15.12.1980 wherein it was alleged that the Manager had received information that they had stolen 100 litres of gramoxine weedicide chemical belonging to the estate from the store room during the period between 29.11.1980 and 2.12.1980. The two employees replied to that notice stating that they had not committed any misconduct as alleged in the notice. Thereafter, an enquiry was held in which they participated till the evidence of M.Ws. 1 and 2 was recorded. They also cross examined those two witnesses.

(3.) After cross examination MW2, Stephen stated that he had no confidence in the enquiry and walked out of the enquiry. Thereafter the other workman, Nallusami made a statement in which he stated that on 6.12.1980 while he was doing work in the estate, some workmen were asked to meet the Manager and at that time one lady has identified him to have committed the theft. He added that she was following the instructions of somebody else and that he had pleaded with the police that he had not committed the theft. Thereafter he stated that the police beat him and again he was identified by that lady and thereafter he was asked as to who were all with him for the crime. He then stated that supervisor Stephen was with him. MW1 was one Easwaradas. As noted above MW1, was cross examined by both Stephen and Nallusami. Neither of them questioned the correctness of the statement of MW1 that they had confessed to the police to the theft in his presence when he went to his house and opened the lock of the store room. The statement of MW1 was thus uncontroverted.