KUMAR RAM NANDAN Vs. FULID POWER PRIVATE LIMITED

JUDGEMENT

(1.) The petitioner was employed as a helper by the first respondent in the year 1965 on permanent basis. He was served with a charge-sheet dated 7th November, 1975 alleging that he threw away and caused damage to some wooden cases which were kept ready for despatch to the Ministry of Defence, Heavy Vehicle Factory, Madras. The petitioner, on 14th November, 1975, gave a reply to the said charge-sheet. He denied the allegations made against him and contended that on 7th November, 1975 when he reported for duty as usual, he noticed that some wooden cases were kept in such a manner that blocked his way to his locker where he kept his clothes and therefore he removed and kept them aside and that he did not cause any damage to them. He further stated that if, however, any damage was caused to the said cases on account of his acts, he was sorry for it. He begged of the first respondent that if any enquiry was contemplated against him he may be permitted to defend himself with the assistance of a person of his choice as he has a layman not knowing the technicalities of a domestic enquiry.

(2.) The first respondent thereafter appointed one G.J. Dholakia as Enquiry Officer who conducted the domestic enquiry against the petitioner and submitted his report dated 24th January, 1976 holding the petitioner guilty of the charges levelled against him, Acting upon the said report, the first respondent dismissed the petitioner from service vide order dated 29th January, 1976 contending that it was not desirable to continue him in their employment any longer.

(3.) The petitioner raised an industrial dispute in the matter of his dismissal. The dispute was referred to the First Labour Court, Bombay, for adjudication, by the Government of Maharashtra, under Section 10(1) read with Section 12(5) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). It was registered in the Labour Court as Reference (IDA) No. 723 of 1976.