SATISH M NAIK Vs. N P MURGALI

JUDGEMENT

(1.) PETITIONER is an ex-employee of the second respondent-company. He has been dismissed from service by an order passed by the second respondent. The said order was carried by the petitioner to the first Labour Court. The petitioner claimed reinstatement with full back wages. The reference was dismissed by the Presiding Officer of the First Labour Court the first respondent herein. The order of dismissal passed by the second respondent and the judgment and order of the first respondent are impugned in the present petition.

(2.) THE petitioner on 2nd July, 1976 joined the services of the second respondent as a Junior Clerk. During the tenure of his service the Bank of Baroda was merged with the second respondent. The second respondent was issuing debentures and shares of its company to earst-while members of the Bank of Baroda.

(3.) DURING the relevant period, the petitioner was attached to the Share Department. He was entrusted with the duties of making payments of interests to debenture holders. One S. D. Nagarkar was a co-workman in the Share Department who was entrusted with the work of transfer of debentures. During the period 14th of December, 1981 and 24th of December, 1981 Nagarkar had proceeded on leave. The petitioner was assigned to perform the additional duties of Nagarkar. Certain events are alleged to have taken place during the absence of Nagarkar. Certain acts of felony are alleged to have been committed by the petitioner. This appears to have been discovered sometime in the year 1985. On the 21st of August, 1985 a charge-sheet was served on the petitioner alleging - (i) Theft, fraud or dishonesty in connection with the employers business or property namely in respect of the Transfer of Debentures from the names of M/s. Radhakishan Khanna, Motilal C. Setalvad, S. Jwalaprasad and Trilokinath Bishewalal to fictitious persons and pocketing the whole sale consideration amount and interest in respect thereof, loss of paid-out Inerest Warrants, forging signatures of Mr. Radhakishan Khanna and three other jointholders, removal and tampering of Bank Statement, etc. , (ii) Commission of actions subversive of discipline or good behaviour on the premises of the establishment, (iii) Gross negligence, (iv) Wilful damage to property of. . . . the establishment namely removal or destruction of Transfer Deeds, Specimen Signatures, Paid-out Interest Warrants of above Transferors and Transferees, Share Certificates, Debenture Certificates, both convertible and non-convertible. etc.