MAHINDRA AND MAHINDRA LTD Vs. SUNIL YESHWANT PANDIT

JUDGEMENT

(1.) This Letters Patent appeal seeks to challenge the judgment and order dated 10th/11th January, 2002 rendered by a learned Single Judge of this Court in Writ petition No. 2448 of 1995 filed by the appellant herein. The learned Single Judge dismissed the said Writ Petition by her order and upheld the award dated 11th May, 1994 given by the labour Court at Nashik in Reference (IDA) no. 5 of 1987, which had set aside the dismissal of respondent No. 1 from his service and granted him reinstatement with continuity in service and full back wages from the date of dismissal i. e. 31.1. 1986 till reinstatement.

(2.) The relevant facts leading to this letters Patent Appeal are as follows:- the appellant is a Company engaged in the business of manufacturing jeep-type vehicles and tractors amongst other products. The appellant has one of its factories situated in the Industrial Estate at Satpur, Nashik. As per para-3 of the Writ Petition, the appellant employs about 1000 employees at the said factory. The 1st respondent was employed in that factory as a Fitter with effect from 1st september, 1983. On 26th July, 1985, at about 3.30 p. m. when he was leaving the factory driving his scooter after his working hours were over, the Security Supervisor at the factory gate found five straight shank drill bits of different types hidden underneath the mat of the scooter (on which the scooter riders place their feet). No explanation was offered by respondent No. 1 when he was asked about this discovery.

(3.) Respondent No. 1 was issued a charge-sheet on 28th July, 1985 and was suspended pending the enquiry. The charges levelled against him were as follows:- (i) Theft or dishonesty in connection with the employer's business or property. (ii) Acts subversive of discipline and good behaviour on the premises of the establishment. These charges are referable to Clauses 24 (d) and (1) of the Model Standing Orders (as applicable to the Industrial Workmen) framed under the Industrial Employment (Standing Orders) Act, 1946.