G BHARADWAJ Vs. HINDUSTAN SHIPYARD LTD

JUDGEMENT

(1.) This writ petition is filed against the award of the Industrial Tribunal-cum-Labour Court, Visakhapatam, in I.D.No.17 of 1990, dated 27-08-1996, whereby the application filed by the petitioner-workman under Section 2-A (2) of the Industrial Disputes Act was dismissed holding that the petitioner was not entitled to any relief.

(2.) Facts, to the extent necessary for this writ petition, are that the petitioner was appointed in the Hindustan Shipyard Limited in the year 1972. In May, 1985, he took charge of the seat dealing with public tenders and while he was working in the said capacity in the purchase department, he was issued charge-sheet on 15-07-1986, wherein three charges were framed and he was suspended from service.

(3.) The charges leveled against the petitioner is that on 30-06-1986 he sold five demand drafts, submitted by various parties in favour of Hindustan Shipyard Limited, to one Pankahj Mehta, proprietor of M/s. Jyothi corporation, Madras, to enable him to purchase tender documents from the purchase department of M/s.Hindustan Shipyard Limited. It was alleged that the petitioner had stolen these demands drafts when they were kept under the lock and key of Sri P. James, Purchase Officer and to have submitted them, with a covering letter dated 12-06-1986, to the cash section with the forged initials of Sri P.James. The procedure for submissions of tenders is stated to be that the party intending to purchase tender documents should submit a requisition along with demand drafts or postal order to the purchase officer, who would put his initial and issue directions to be concerned employee to issue the tender form. After tenders forms are issued, the demand drafts are to be sent to the Accounts Department.