CHAKRADHAR PADHIARY Vs. P O INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THE Petitioner, who is the workman of the management opposite party No. 2 -M/s. Charge Chrome Plant, Ferro Alloys Corporation Limited, has called in question the award dated 20.09.1997 (Annexure -12)passed by the learned Presiding Officer, Industrial Tribunal, Bhubaneswar in I.D. Case No. 10 of 1987.

(2.) THE Petitioner was appointed as a Trainee (C) under the opposite party No. 2 and on 15.10.1982 he was absorbed as a Security Guard. A theft occurred in the factory premises of the Management and it was alleged that on 10.11.1985 there was seizure of stolen articles from the house of the Petitioner by the Bhadrak (Rural) Police. By an order dated 10.11.1985, the Petitioner was placed under suspension pending inquiry into the charges. A proceeding was drawn up against the Petitioner for the alleged theft of some company materials, namely, some electric bulbs and some wires. The Petitioner submitted his show cause on 02.12.1985 and thereafter, on the appointment of an Enquiring Officer, the inquiry proceeded. During the inquiry, three witnesses were examined on behalf of the Management and one from the side of the delinquent. The Enquiring Officer submitted his report to the opposite party No. 2 holding the Petitioner guilty. Copy of the inquiry report is alleged to have not been supplied to the Petitioner.

(3.) BY order dated 12.02.1986, the opposite party No. 2 dismissed the Petitioner from service, upon which the Petitioner raised an industrial dispute. A reference was made to the Industrial Tribunal by the Labour Department of the Government under the Industrial Disputes Act, 1947. The reference was as follows: