STEEL AUTHORITY OF INDIA LTD Vs. BAHAL DAS

JUDGEMENT

(1.) BY this petition, the petitioner Steel Authority of India Limited (for short "the employer") seeks to challenge the legality and validity of the order dated 06.10.2004 (Annexure - P/16) passed by the Industrial Court Chhattisgarh, Raipur, in Appeal No. 338/MPIR Act/1997 (Steel Authority of India Ltd. Vs. Bahaldas) whereby, the learned Industrial Court affirmed the order dated 26.08.1997 (Annexure - P/14) passed by the Labour Court, Durg in case No. 116/MPIR/84 (Bahaldas Vs. Managing Director, Bhilai Steel Plant, Bhilai), directing reinstatement of the first respondent in service with back wages.

(2.) THE facts of the case, in brief, as projected by the petitioner, are that the first respondent while working as Khalasi was served with a charge sheet on 28-9-1979 (Annexure - P/1) by the Chief Superintendent of Transport & Diesel Organization, Bhilai Steel Plant, Bhilai, containing charges of theft of plant property i.e. one piece of bearing and three pieces of brass and theft of one brass bearing weight 10 kgs. on 5-9-1979 and 8-9-1979, respectively. Thereafter, Shri J.N. Malla, Senior Personnel Officer (Enquiries) was appointed one man enquiry committee vide order dated 12.11.1979 (Annexure P-2) to enquire into the charges leveled against the first respondent. The enquiry committee submitted its report (Annexure P-5), holding both the charges as proved. Consequent thereupon, by order dated 10.04.1990 (Annexure P-6), the first respondent was removed from the service.

(3.) IT is informed by the learned counsel for the petitioner that on reinstatement, the first respondent has retired from service on attaining the age of superannuation on 31.07.2009.