MANSINGH Vs. MEWAR TEXTILE MILLS LTD

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution.

(2.) THE case set out by Mansingh petitioner is that he was an employee of the mewar Textile Mills Ltd. Bhilwara, as a sepoy, and his duty on the night between the 29th and 30th September, 1957, was to supervise the Chowkidars from 2 a. m. to 6 a. m. A theft took place on that night at the mills premises. The petitioner along with certain other Chowkidars were suspended and an inquiry was held by the Manager of the Mill. His finding was that the petitioner and certain other Chowkidars were negligent in their duty. It was found that the theft was committed either by the Sepoys or it could be attributed to their gross negligence. Taking into consideration the previous conduct of the petitioner, the management directed his dismissal from the date of his suspension, that is, 1-10-1957. The management offered one month's pay as required by Section 33 (2) of the Industrial Disputes Act, 1947, and an application seeking approval of the action taken by the management was made to the Industrial Tribunal. The Industrial Tribunal by an order dated 30-11-1947, affirmed the decision taken against the petitioner but modified it in respect of certain other persons with whom we are not concerned.

(3.) THE petitioner has come to this Court and the contention raised on his behalf is that there were no standing orders applicable in respect of the workmen in the category of the petitioner, and, therefore, he could not be dismissed nor could the order of dismissal of the management be referred to the Industrial Tribunal. Reliance was placed on Sub-section (2) of Section 33. That sub-section is as follows: