COCHIN SHIPYARD LTD Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The petitioner, which is a Public Sector Undertaking, is challenging Ext.Pl award of the 1st respondent Industrial Tribunal. The brief facts of the case, as stated by the petitioner, are the following:--

(2.) A workman, named Mr. N.K. Ibrahim, was employed by the petitioner as Machinist, in its shipyard at Cochin. He was caught by the security personnel, when he was trying to take out surreptitiously, 1.75 litres of oil, in the tool box of his scooter. He admitted his guilt, to the security personnel and gave a written statement to that effect. Thereafter, disciplinary proceedings were initiated and a charge sheet was issued to him. He submitted his explanation, denying the charges. Though, he earlier admitted the theft committed by him, he denied the same in his reply. An enquiry was held into the charges of misconduct and upon finding him guilty of the charges, the disciplinary authority imposed the punishment of dismissal from service, after following the due procedure. Against the dismissal order, the workman availed the departmental remedy, by filing an appeal before the Appellate Authority. But, the appeal was also dismissed. The 2nd respondent Union raised an industrial dispute against the dismissal of the workman, which was referred for adjudication by the State Government.

(3.) Claim statement was filed by the Union and reply statement was filed by the Management, before the Tribunal. It was common case that the enquiry was conducted properly. So, the Tribunal proceeded to re-appraise the evidence adduced in the enquiry. The Union contended that the findings of the Enquiry Officer were perverse and that the workman had not committed any theft. The Tribunal upheld the finding of guilt, but, held that the punishment of dismissal was not justified, on the facts of the case and imposed a punishment of suspension for three years and directed reinstatement of the workman from 1.10.1998, by Ext.Pl award.