Decided on November 09,2018

Management of Nahortoli Tea Estate Appellant
Kamaluddin Ali Respondents


MALLA BUJOR BARUA, J. - (1.) Heard Mr. S. N. Sarma, learned senior counsel for the petitioner, MR. U.J. Saikia, learned counsel appearing for the respondent No.1 and Mr. S. Bharali, learned Additional Senior Government Advocate appearing for the respondent Nos. 2 and 3.
(2.) The respondent No.1 workman was engaged as a C.F.M Operator in the factory of the petitioner Tea Estate and he was appointed on 24.04.2002. On 15.10.2004, the concerned respondent workman approached the Second Tea House Babu, namely Sri Kusha Dutta and sought for his permission to throw away some ghugie spells (rubbish), which was lying below the tea manufacturing machine. As per the usual practice, the Second Tea House Babu allowed the respondent workman to remove the rubbish. It is the case of the management that while being permitted to do so, the workman took away about 111kg of tea from the dryer room with the help of two workers namely, Bikash Kumar and Rohit Kumar by claiming the manufactured tea to be also rubbish. On the same date and time, at about 3 p.m., three other persons namely Ramjan Ali, Mohonum Ali and Samsuddin Ali were caught by the Assistant Manager and the Chowkidar of the garden while they were removing such manufactured tea from the boundary premises of the factory.
(3.) Consequent thereof, an ejahar was lodged, which resulted in a police case. It is the case of the Management that during the investigation of the aforesaid police case, certain persons, who were caught removing the tea, were apprehended and interrogated and in course of their interrogation, they had stated that it is the respondent workman, who had instructed them to remove the manufactured tea from the factory premises. On the said information being provided, the authorities in the Management of the petitioner garden on 06.10.2004 had called the respondent workman and informed him about his connection with the incident of illegally removing the manufactured tea from the factory premises. In course of such interaction, the Management authorities had given the workman an option that the Management would either refer him to the police for investigation as regards his involvement in the removal of the manufactured tea, or else, the workman was given an option that he may offer his resignation from his engagement and in the event of such resignation being given, the management will not refer him to the police for further investigation.;

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