KHAITAN INDIA LIMITED Vs. JUDGE EIGHTH INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS appeal is arising out of a judgment and order of dismissal of writ petition of the learned Single Judge dated 24th March, 2006. The short fact of the case leading to preferring this appeal is set out hereunder:-

(2.) ONE Aijuddin Sheikh, since deceased, being predecessor in interest of the respondent No. 3 (a), (b), (c) and (d) was an employee in the capacity of Tractor Driver of the appellant. While he was in duty he was charge-sheeted on or about 21st June, 1996 alleging against him having committed theft of 3 kgs. of brush dust belonging to appellant and at the same time he was asked to show cause as to why he should not be terminated from his services. On service of the said charge-sheet he was placed under suspension from his service. Thereafter, he had shown-cause in writing explaining the entire incident and pleaded not guilty and denied the allegations of misconduct.

(3.) THE management/appellant however, having not been satisfied with the explanation conducted a domestic/internal enquiry by appointing it labour officer as enquiry officer to hold enquiry. Thereafter enquiry was held on notice being served upon the said deceased employee. It appears in course of enquiry proceeding the said labour welfare officer was replaced by another officer to continue with enquiry. The Enquiry Officer submitted report holding him guilty of charges. The appellant company had accepted the report. By an order dated 13th September, 1996 the deceased employee was dismissed from services by the appellant company on acceptance of report. On receipt of the said order of dismissal the said deceased employee raised industrial dispute and the same was referred to the Assistant Labour Commissioner, Krishnanagar, Nadia for intervention and taking necessary steps. Conciliation proceeding was initiated by the said Commissioner, however, it was proved to be futile exercise as there was no settlement. Finally the appropriate Government referred the following dispute to the first respondent, the learned Judge VIII Industrial tribunal:- (i) Whether the management is justified in terminating the employment of Aijuddin Sheikh. (ii) The relief, if any, is he entitled to.