- (1.) This is an appeal by special leave from a decision of the Labour Appellate Tribunal of India, Calcutta, confirming an award made by the Regional Conciliation Board (Textiles and Hosiery), Kanpur in an industrial dispute between the Appellants and the Respondents.
(2.) Respondents 2, 3 and 4 were employees of the Appellants, Respondent 2 was employed in the clerical cadre while Respondents 3 and 4 were employed as wrapping boy and piecer respectively and their service conditions were governed by the standing orders of the Employers Association of Northern India, Kanpur of which Association the Appellants were members.
(3.) There was a theft in the canteen within the mill premises between the night of January 6 and 7, 1960 and some money belonging to the Appellants invested in the canteen account was stolen from the safe. A report of the theft was made to the police authorities and an investigation was made by the police as well as the Appellants in the matter with no result. The management of the Appellants thereafter took action against one J.P. Gurjar, who was in charge of the canteen in connection with the losses of money from the account of the canteen and after the completion of the enquires, terminated his services. An industrial dispute in respect of the non-employment of the said J. P. Gurjar arose between the parties which dispute was at the material time taken in appeal before the Industrial Court (Textiles and Hosiery), Kanpur. During the pendency of those proceedings, some time in August 1950, Respondent 4 made a confession in regard to the said theft implicating Respondents 2 and 3 also therein. On 29-8-1950 the management of the Appellants presented to Respondents 2, 3 and 4 charge-sheets in respect of the said theft and suspended them on 30-8-1950 from their service. They also made an application on 2-9-1950 to the Additional Regional Conciliation Officer, Kanpur asking for permission to dismiss Respondents 2, 3 and 4. The Additional Regional Conciliation Officer, Kanpur instituted an enquiry, heard Respondents 2, 3 and 4, considered the evidence which was led before him by the Appellants as well as Respondents 2, 3 and 4 and made an order on 12-10-1950 according to the Appellants permission for the dismissal of Respondents 2, 3 and 4. Respondents 2, 3 and 4 were accordingly dismissed from their employ by the Appellants with effect from 13-10-1950.;