MANAGEMENT OF TELCO (TATA ENGINEERING & LOCOMOTIVE COMPANY LTD.),THROUGH ITS DULY CONSTITUTED ATTORNEY Vs. K.C. BANDHOPADHYAY

JUDGEMENT

(1.) In this writ petition the Management-Petitioner has challenged the award dated 19.12.09 passed by learned Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 23/1997. By the said award learned Labour court has set aside the order of termination of the Respondent after holding the termination illegal and improper and has further directed for his reinstatement with 50% back wages and consequential benefits.

(2.) The Respondent-workman was proceeded against by the Management in a domestic enquiry on the charge of recovery of Voveran tablets 0.50 Mg (30 Nos. ), one 'Glo' cleansing powder, eight strips of Norflox 400 Mg tablets- each strip containing 10 tablets (total 80 tablets), one Digene tablet and 1.2 K.G of Bleaching Powder valued at Rs. 450/-. The said articles were allegedly recovered from the Diky of the scooter of the concerned workman.

(3.) In the domestic enquiry the charge was said to be proved and the concerned workman was awarded punishment of dismissal from service. The concerned workman raised industrial dispute through letter of demand dated 5.8.96 alleging his dismissal wrongful and illegal. According to the concerned workman the charge sheet dated 1.6.92 was issued by an incompetent authority. The allegations were false and incorrect and were levelled with malafide motive to victimize and put him to harassment He further alleged that the enquiry officer, was an employee of the Management and he acted on their dictates.