MANAGING DIRECTOR BHARATH GOLD MINES Vs. SUNDARESHAN

JUDGEMENT

(1.) INTRA court appeals are filed against the order passed by the learned single judge in W. P. No. 18134 of 1994. The petitioner in the said writ petition has filed the present appeals challenging the order of the learned single judge and as well the order of the central industrial tribunal-cum-labour court.

(2.) THE respondents herein, employed in bharath gold mines limited, k. g. f. , were dismissed from service after conducting a departmental inquiry on the charge of theft and fraud. It is alleged that, on 3-2-1985 at about 4-45 p. m. the 7 workmen, who are respondents herein, were found supplying mining sponge gold to one kunimhan alias kundu mohiddeen at his house at andersonpet, k. g. f. , which amounted to misconduct as per the standing order No. 15 (b) (23) and 15 (b) (34 ). In the domestic enquiry, the respondents were found guilty and they were dismissed.

(3.) A dispute was raised before the industrial tribunal. The tribunal found that the charge of theft, fraud and illegal possession of mining sponge gold has been proved, however, taking a lenient view by invoking the powers under Section 11-a of the Industrial Disputes Act, ordered reinstatement without back wages. The management, being aggrieved, preferred W. P. No. 18134 of 1994.