HUKUMCHAND JUTE MILLS LTD Vs. LABOUR APPELLATE TRIBUNAL

JUDGEMENT

(1.) The two applications relate to a decision of the Labour Appellate Tribunal dated 4th February, 1956. This was in appeal against an award of an Industrial Tribunal, dated 31st August, 1954, published in the Calcutta Gazette on 23rd September, 1954.

(2.) The facts are briefly as follows:

(3.) One Balaram Singh was employed by the Hukumchand Jute Mills Ltd. (hereinafter referred to as the 'Company') as a Time Keeper in the Shifter Section Spinning Department, of Mill No. 1. On 3rd January, 1953 he was served with a charge sheet comprising of ten different charges. After hearing him, the General Manager of the Company found him guilty of all the charges and he was dismissed by an order dated 31st January, 1953. Thereupon, Singh appealed against the said order to the Managing Agents and after hearing him the order of the General Manager was upheld on 27th February, 1953. On 24th September, 1953 the dispute between Singh and the Company was referred to the adjudication of the respondent No. 2, the Second Industrial Tribunal. The only dispute referred was as follows: "Is Balaram Singh entitled to reinstatement". The Tribunal thereupon entered upon the adjudication. The only issue raised was "Is Shri Balaram Singh entitled to reinstatement"? The tribunal came to the following findings : 1. The management proceeded in the matter in good faith. 2. That there has been no violation of the rules of natural justice. 3. That, so far as the charges preferred by the Company were concerned, charges No. 1 to 8 had not been established but those relating to charges 9 and 10 were established, and that being so, the action taken by the management in dismissing Singh was not fully justified.