Rajendra Babu, J. - (1.) These two sets of cases are cross-appeals filed by the management of the Gwalior Sugar Company Limited and their workmen.
(2.) The workmen were charged that on 9-2-1979 when Kanhaiyalal Agrawal was on duty on trailer weigh bridge of the factory gate from 2 a.m. to 10 a.m. in collusion with Harihar Giri, Centre Incharge, Ramesh Chandra Savita, Harihar Sharma, Devi Ram Rajak, Dedaram, C. P. Madan, Hari Singh, Umeshchandra and Narendra Singh conspired to allow one trailer sugarcane requisition slip No. 5999 in the name of Chatura for bringing sugarcane by bullock cart at Sunwai Depot on false payment slip No. 14964 wrote gross weight 46.70 and did help him in making payment of Rs. 373.1 paise without the arrival of sugar cane in the company for their respective benefits and each of the workmen was dismissed after inquiry. Applications were filed by them before the Labour Court challenging their termination from service.
(3.) In the case of Kanhaiyalal Agrawal, the Labour Court came to the conclusion as follows :- "In the present case, the applicant is working on the post of weighment clerk and he has contravened the prescribed procedure and in collusion with other colleagues signed payment slip wrongly prepared for a wrong date while on the day of incident Chetu or Chatura did not bring sugarcane to the mill. The responsibility of applicant is that he should sign on payment slip with correct date and the amount of sugarcane of concerned farmer, while he should do its weigh. As a weighment clerk his work was of faith and full responsibility. On the basis of evidence produced in the case loss of trust of non-applicant in applicant appears to be proper. Therefore, it is not proper to award relief of reinstatement to applicant. According to accepted formula in the citation of 1990 lab IC 995 (Madh Pra ) Dayaram vs. Gwalior Sugar Co. Ltd.), which is in respect of industry of non-applicant, applicant is entitled to get half salary and full returning allowance from the date of dismissal till the date of this order." On that basis, the Labour Court disposed of the matter.;