PEIRCE LESLIE AND CO Vs. INDUSTRIAL TRIBUNAL KOZHIKODE

JUDGEMENT

(1.) The question that arises for consideration in this writ petition, under Article 226 of the Constitution, relates to the construction to be placed On the proviso to Sub-s.(2) of S.33 of the Industrial Disputes Act, 1947.

(2.) The management, who is the petitioner herein, charge sheeted the second respondent, for certain acts of misconduct stated to have been committed by him. According to the management, a due and proper inquiry was conducted and it was satisfied that the worker is guilty of misconduct under the Standing Orders of the Company. Accordingly, the petitioner dismissed) the second respondent, by its order dated 6th, August 1959, the dismissal to take effect from 3-6-1959. The petitioner offered one month's wages to the second respondent who has declined to accept the same.

(3.) As, an industrial dispute, I. D. 60/59 was pending before the Industrial Tribunal Kozhikode, the petitioner applied to the Industrial Tribunal, by M. P. 303/59 for approval, under S.33(2) of the Act, of the action taken by the management. The application, which is dated 6th August, 1959, appears to have been sent by the management on 8th August and actually received by the tribunal on 10th August 1959. It was the case of the management that the second respondent was suffering from small-pox and he applied for financial aid to the Company and he represented to the management that he had to incur medical expenses to the extent of Rs. 108-50. As the management suspected this claim reference was made to the Doctor, who had issued the bill and it came out in evidence that the petitioner has actually incurred medical expenses only in the sum of Rs. 18/-. After framing the necessary charges, and conducting an inquiry, in which the second respondent was given ample opportunity to cross examine the witnesses and also to adduce evidence on his behalf, the management found him guilty of attempting to cheat the Company and ultimately passed the order of dismissal.