STANDARD VACUUM OIL CO Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This is an application for a writ of certiorari to bring up and quash the proceedings in adjudication No. 11 of 1950 on the file of the first respondent, the Industrial Tribunal, Ernakulam, and for incidental orders or directions under Art.226 (1) of the Constitution of India.

(2.) The facts are these. The applicant Company are the stockists and distributors of petrol in Ernakulam. In July 1948 a quantity of petrol from their stock was taken out in a lorry belonging to, but without the knowledge of, the Company. A prosecution for theft at the instance of the police ensued. The third respondent was charged with having driven the lorry, and respondents 2 and 4 were charged with having taken the quantity of petrol from out of the companys stock. Respondents 2, 3 and 4 were employees under the company. There were some other accused in the case who were also the companys employees. All the accused were placed under suspension pending the trial. The prosecution ended in the acquittal of all the accused. The company took the other accused back into service, but having regard to the facts disclosed at the enquiry conducted by them as also to the confessions made by respondents 2 and 3, the company were satisfied about their participation in the matter and refused to take back respondents 2, 3 and 4 and discharged them.

(3.) On a complaint made by these respondents that their discharge was unjustified the Government of the State of Travancore-Cochin (5th respondent) made the following order: