CHUNNILAL RATHOR Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THE petitioner was working as a senior mixerman under M/s. Hindustan Steel Ltd. , Rourkela. He was charge-sheeted on 27/28-21970 for committing various acts of theft, fraud and dishonesty, namely, that on 17-2-1970 at about 3. 45 P. M. he removed unauthorisedly six numbers of hand-shovels used for manual cleaning (belcha) of the company from the steel almirah of mixer section which was kept on ' O ' metre platform in No. 3 mixer area (in between ladle drier and staircase) with the intention of making gain and there-by committed a gross misconduct as per Standing Order Clause No. 28

(2.) AS an industrial dispute was then pending adjudication before the Industrial Tribunal, Orissa, Bhubaneswar in Industrial Dispute Case No. 37/66 and, the petitioner was a workman concerned in the said dispute, the management in accordance with the provisions of Section 33 (2) (b) of the Industrial Disputes Act made an application to the Tribunal on 1-1-72 for approval of its action in dismissing the petitioner from service. This application of the management was registered as Industrial Dispute Case No. 1 of 1972, The petitioner was noticed and he filed his counter in the said Industrial Dispute Case on 24-3-72. This counter is Annexure-11 to this petition. The petitioner admitted that two separate departmental enquiries were held into the charges, but alleged that the enquiries were conducted in violation of the principles of natural justice. As regards the enquiry into the first charge dated 27/28-2-70, the petitioner alleged the following lapses or irregularities indicating that no proper or fair enquiry was held and that, the paid enquiry was against the principles of natural justice :

(3.) THE petitioner raises the following points :