- (1.) This appeal, by special leave, is against the orders dated September 27, 1966 of the Industrial Court Madhya Pradesh, Indore, in Revisions Nos. 46 and 50/MPIR/66 reversing the order Presiding Officer, Labour Court, Ujjain, in case No. 17 of 1969 Labour.
(2.) The appellant, at the material time, was an employee of the respondent Company and was working in its coal and Bardana section as Coal Ash Supervisor. He was on duty on the morning of April 24, 1963. It was the duty of the appellant to sign and issue slips to the contractors in order to enable the latter to remove coal ash on donkeys outside the premises of the Company. As, according to the Company, some malpractice was suspected on the part of the appellant in the issue of such slips, the latter was suspended and a charge sheet dated April 26, 1963, issued. In the charge-sheet it was stated that the appellant had issued gate pass to one Bhagirath on April, 24, 1963 in order to enable the latter to remove 48 donkey loads of coal ash. It was alleged that the appellant gave eight more slips to Bhagirath on April 25, 1963 to enable the latter to remove additional material from the Company's premises. On checking at the gate, it was discovered that Bhagirath was removing extra goods which he was not entitled to do. On these allegations, the appellant was charged under Standing Order No. 12 for dishonesty in connection with the business of the Company's property. He was asked to show cause why he should not be dismissed for the said misconduct.
(3.) The appellant sent on April 29, 1963 a fairly elaborate answer to the show cause notice. He controverted the allegations that he had acted dishonestly in dealing with the Company's property. On the other hand, he pleaded that there was an enormous rush of work on the relevant date and that by mistake or inadvertence he may have issued additional slips to the contractor Bhagirath He further pleaded for withdrawal of the show cause notice and for dropping the further proceedings contemplated in the notice.;