GUEST KEEN WILLIAMS LTD Vs. THIRD INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THE subject matter of. challenge in this writ petition is an award dated 20th September, 1988 by which the delinquent workman has been reinstated along with all back wages and benefits. The employer has come up before this Court invoking the writ jurisdiction.

(2.) IT appears that, the charge-sheet was issued on 22nd October 1982, the sum and substance whereof was that at. 1. 10 p. m. on 21st October, 1982 at the search barrier the private respondent was searched whereupon one cloth bag containing about 150 grams of grease wrapped in cellophane paper was recovered from his possession. A seizure list was prepared which the private respondent refused to sign and that he forcibly went out of the factory.

(3.) THE charge-sheet dated 22nd October, 1982 was amended under the cover of a letter dated 7th December, 1982 which included some more particular about the aforesaid charge and an additional fact that at about 2. 50 p. m. the private respondent managed to slip out of the factory. with the help of others on the plea of going to the toilet. The charges against him included wilful insubordination and theft. The employer held a departmental enquiry and passed an order of dismissal.