RAMSEY PHARMA PVT LTD Vs. SANT LAL

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is directed against the award of the Labour Court, Allahabad made in adjudication Case No. 301 of 1972 published in the U.P. Gazette dated 1.6.74. Under Notification No. 1565 (HI) XXXVI-3-171 (SM)-72 dated 23.3.1974.

(2.) Shorn of detail the facts of the case are these. The petitioner is a company registered under the Companies Act and carries on the business of manufacturing and selling Absorbent Cotton and Medicines. The works of the petitioner are situate in a portion of the building owned by M/s. Shri Baidya Nath Ayurved Bhavan Pvt. Ltd. The respondent No. 1 is a workman working in the petitioner's factory. On 18.11.1971 at the time of making a search at the main gate, the workman was suspected carrying some 'Dardona' tablets packed in a cellophane packet and the same was kept in a towel concealed in the under wear. He was stopped at the gate for search and was taken inside the room of the Security Officer for search. It was revealed that the workman was carrying a large number of phials of Dardona tablets. The charge-sheet (Annexure No. 1 to the petition) was issued and a domestic inquiry was held.

(3.) The workman, the respondent No. 1, submitted a reply to the charges. His stand mainly was that false charges were levelled against him on account of his trade union activities. The inquiry Officer in his report (Annexure '6' to the writ petition) held the charges to have been proved. The Management of the petitioner company after considering the report of the Inquiry Officer and other evidence agreed with the findings of the Inquiry Officer and dismissed the workman from service by order dated 12.1.1972 (Annexure '7' to the writ petition). The workman through the Union of the workers, the respondent No. 2, raised an industrial dispute.