JITENDRA NAGJIBHAI TAILOR Vs. LUPIN LABORATORIES LIMITED

JUDGEMENT

(1.) This appeal is filed against dismissal of Special Civil Application No. 1811 of 1998 by the learned Single Judge on September 10, 1999.

(2.) The appellant was one of the petitioners in SCA No. 1811 of 1999. He and one Navinchandra Vasava were employees in Lupin Laboratories Limited, Ankleshwar. They were alleged to have stolen property of the company viz. one litre of Machine oil, worth Rs. 15.00 . It was the case of the company that a can of the machine oil was recovered from the dickey of the motor cycle of the appellant where another employee, Mr.Vasava was the pillion rider. It was recovered from the employees from the precincts of the company. A departmental inquiry was held against both of them, they were found guilty and the charge was held proved. Both of them were, therefore, dismissed from service.

(3.) Feeling aggrieved by the said action, the employees raised an industrial dispute and in Reference (LCB) No. 24 of 1992, the Labour Court, Bharuch dismissed the Reference by an award dated November 20, 1997. The Labour Court held that inquiry held against the employees was legal and valid and charge was proved. On independent examination of the record also, the Labour Court held that the guilt was established. No relief was,therefore, granted by the Labour Court.