G.C. PATNAYAK Vs. TELCO LTD.

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner-workman has approached this Court with a prayer for quashing the Award dated 03.08.2012, passed by the Presiding Officer, Labour Court, Jamshedpur in Ref. Case No. 29 of 2002, whereby the learned Tribunal has answered the Award against the petitioner-workman and in favour of the respondent- management.

(3.) Shorn of unnecessary details, the petitioner-workman was employed by the respondent-Management on 28.02.1974 and since then he performed his duties to the best of his ability and satisfaction of his superior. On 22.07.1999, while he was in 'B' Shift duty, he was caught red handed with the materials of company and the said material was seized. Thereafter, he was issued charge-sheet dated 20.08.1999 for the theft, fraud and dishonesty and the petitioner submitted his reply on 30.08.1999, stating therein that he had kept the materials due to inadvertence and there was no intention on his part to steal those materials. Being not satisfied with the reply submitted by the petitioner, the respondent-management initiated departmental proceeding by appointing Enquiry Officer. Thereafter, the petitioner represented before the Enquiry Officer and the proceeding was started, in which the Enquiry Officer held the petitioner guilty of the charges and subsequently, the respondent-management dismissed him from services. After his dismissal, the petitioner raised the dispute before the appropriate government which was referred for adjudication before the Labour Court, Jamshedpur. The terms of reference was as follows: