B CHOUDHURY Vs. PRESIDING OFFICER LABOUR COURT JAMSHEDPUR

JUDGEMENT

(1.) THIS writ application has been filed on behalf of the petitioner for quashing an award dt. 19 -9 -1980 of the Labour Court, Jamshedpur. A copy of the said award is Annexure -6 to the writ application.

(2.) THE petitioner was appointed as Assistant Security Officer by M/s Tata Engineering & Locomotive Company Ltd. (hereinafter to be referred to as the Company), in June, 1967. In the night between 25/26th Mar, 1970 the petitioner was posted at the main -gate on C shift. A truck containing articles of the Company worth Rs. 1,00,000/ - (one lakh) was allowed to pass the gate. On 5 -4 -1970 a charge -sheet was issued against the petitioner. The petitioner submitted his explanation and, after a domestic enquiry, the petitioner was dismissed with effect from 4 -8 -1970. Later, the order of dismissal was converted into an order of discharge with effect from 4 -8 -1970.

(3.) ON 2 -5 -1972, a complaint under Section 26 of the Bihar Shops and Establishments Act along with an application for condonation of delay was received by the Labour Court, an authority constituted under the said Act, and a case was registered. In that case, the Company appeared and opposed the prayer of the petitioner for an order of reinstatement with back wages. The Labour Court, after hearing both the parties, by its order dt. 6 -5 -1975, case to the following conclusions :