MUKUND LIMITED Vs. GAJANAN SHANTARAM SAKRE

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India challenges the order dated 20th November 1992 made in Revision Application (ULP) No.63 of 1987 by the Member, Industrial Court, Thane allowing the Revision Application and setting aside the order dated 29th May 1987 made by the Labour Court, Thane in Complaint (ULP) No.62 of 1987 1992, both under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act").

(2.) THE first Respondent was employed as a Stores Clerk in the service of the Petitioner for about 14 years. On 25th November 1979, at about 5.15 p.m. one lorry was carrying material from the Petitioner's Kalwe Plant to its Kurla Plant. Just outside the main gate, the lorry was checked by one Goradia, Materials Manager, and Jamadar Kadam of Security Department and a bag containing approximately 50 kgs. of Ferro-Molybdenum, a costly chemical, also known as Ferro-moly, valued at Rs.22,000/- was seen being carried away in the lorry unauthorisedly. The material belonged to the Petitioner company. The lorry was allowed to proceed. As soon as the lorry reached near Shangrilla Biscuits Company, Agra Road, Bhandup, on route to the Kurla Works, it was stopped by the driver and he handed over the property to Natwarlal Shah and Vithal Parab, who were waiting on road to receive it. As soon as they took possession of the stolen property, they were caught with the aid of the police. A police complaint was also filed by the Petitioner as a result of which the two persons, who had received the stolen property were arrested and their interrogation revealed the modus operandi, namely, that the material had been surreptitiously removed from the factory premises and handed over to the driver of the lorry for being delivered to Natwarlal Shah and Vithal Parab on the way. The first Respondent was also arrested by the police and all three persons were prosecuted before the J.M.F.C.'s Court No.I at Thane, for convicted the first Respondent and other accused under Sections 408, 381 and 109 of the Indian Penal Code, but released them on execution of bond of Rs.11,000/-.

(3.) THE first Respondent moved the Labour Court at Thane by his Complaint (ULP) No.62 of 1980 seeking reliefs of reinstatement with back wages and continuity. The Labour Court tried the Complaint and, by its order dated 29th May, 1987, dismissed the Complaint and declined relief to the first Respondent. The first Respondent moved the Industrial Court, Thane by his Revision Application (ULP) No.63 of 1987 which was allowed by the Industrial Court by the impugned order dated 20th November 1992. The Industrial Court set aside the order of the Labour Court and directed reinstatement of the first Respondent with continuity of service and full back wages together with all consequential benefits. Being aggrieved thereby, the Petitioner is before this Court by way of present Writ Petition.