SUBODH CHANDRA ROUTH Vs. MANAGEMENT,

JUDGEMENT

(1.) This is an application under article 226 of the Constitution of India challenging the award of the Labour Court, Assam at Guwahati dated 21-02-2003 in Reference Case No.19/1998 upholding the dismissal of the workman from service. Further challenge made is to the dismissal order dated 20-03-1995.

(2.) Initially the writ petition was filed by the workman. But during the pendency of the writ petition, the workman died on 06-11-2003. On an application filed by his widow Smti. Maya Rani Routh, she was substituted as legal heir of the workman. Thereafter, she has pursued the case.

(3.) Subhash Ch. Routh was a workman of Monabari Tea Estate, district-Sonitpur. At the relevant point of time, he was serving as Head Mechanic. He was subjected to a domestic enquiry. The charge against him was that on 26-09-1994 one new tyre from the vehicle No.AMD-4867 which belonged to the Tea Estate, was removed under instruction of the workman which amounted to theft of the company property, thus committing an offence under the Standing Order in force. The workman submitted written statement wherein he took the stand that he was unaware of the said incident. The workman was placed under suspension w.e.f. 31-10-1994.