TITAGARH JUTE FACTORY CO., LTD. Vs. THIRD INDUSTRIAL TRIBUNAL
LAWS(CAL)-1961-7-27
HIGH COURT OF CALCUTTA
Decided on July 11,1961

Titagarh Jute Factory Co., Ltd. Appellant
VERSUS
THIRD INDUSTRIAL TRIBUNAL Respondents

JUDGEMENT

B.N.BANERJEE, J. - (1.) THE petitioner company is the owner of a Jute mill at Titagarh, known as the Titagarh Jute Mill 2. The respondent 2 was a worker under the petitioner company, being a durwan employed in the said mill. Between the petitioner company and its workers, an industrial dispute, at the material time, was pending before the third industrial tribunal, on the following issues: (i) Supply of coal and firewoods to workers: (ii) supply of boots and putties; (iii) overtime wages for dak durwans; and (iv) fixation of permanent complement of durwans.
(2.) ON 26 March 1958, respondent 2 was on leave. At about 4 p.m. on that date he was, it is alleged, caught by several workers with stolen hessian and bags and hessian cloth, sewn in a bed -role, while trying to escape by the mill gate. Although caught, respondent 2 subsequently managed to escape and thereafter fled to his native place. The act of respondent 2 amounted to misconduct, punishable with dismissal, under Rule 14(c)(ii) of the standing order of the petitioner company. For the misconduct alleged, respondent 2 was served with a charge -sheet and was called upon to show cause. The respondent 2 filed a written explanation denying the charge altogether. At the enquiry held on the charge, respondent 2 was found guilty and was dismissed by the petitioner company, by an order, dated 5 May 1958. Thereafter, by a letter, dated 6 May 1958, the petitioner called upon respondent 2 to collect his dues as also one month's wages payable under the proviso to Section 33(2)(b) of the Industrial Disputes Act (hereinafter referred to as the Act).
(3.) SINCE the misconduct was not connected with the dispute pending before the tribunal, the petitioner company filed, as required under the proviso to Section 33(2)(b) of the Act, an application before the tribunal, on 13 May 1958, for approval of the action taken by them against respondent 2.;


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