JASMINE MILLS PRIVATE LTD Vs. MILL MAZDOOR SABHA

JUDGEMENT

(1.) This is an appeal against an order of the judge, second labour court, Bombay, directing the reinstatement of Sri Rama Kondiba Bhosale, a canteen boy in the employ of the appellant company.

(2.) The facts are as follows. The employee concerned was chargesheeted for misconduct by dishonesty in connexion with the company's business and neglect of work. It was alleged against him that he returned five short coupons. The only point taken by the sabha in the application to the labour court was that in the inquiry by the management no coupons were produced and no shortage of coupons nor the employee's responsibility was established and that the employee was innocent.

(3.) The company in its written statement replied that the supervisor asked the employee to explain why he brought five coupons less; he thereupon gave in writing that he had brought five coupons less. In the inquiry before the manager he denied that there was shortage of coupons though he had admitted in writing to the supervisor that he had brought five coupons less. The employee concerned had been several times warned or suspended on previous occasions for similar misconduct, that the dismissal was legal and proper.