Grover, J. - (1.) This is an appeal by special leave from the order of the Additional Industrial Tribunal, Delhi in the matter of an application under Section 33 (2)(b) of the Industrial Disputes Act, 1947 filed by the Management of the Indian Express and Chronicle Press, New Delhi, against the respondent.
(2.) The respondent was a lino-operator in the service of the Indian Express and Chronicle Press, New Delhi, A Co-operative Society styled as the Indian Express Employees Thrift and Credit Co-operative Society (to be hereinafter called the Employees Co-operative Society) was set up in 1957. The membership of this Society was confined to the employees of the Indian Express and Chronicle Press. The President of the Employees Co-operative Society wrote to the General Manager of the Press that the Managing Committee of the Society had after a preliminary enquiry found that M. C. Kapur who was the Treasurer, was prima facie guilty of certain serious financial irregularities, including defalcation of the Society's funds.
(3.) On receipt of that letter the General Manager of the Company served a charge-sheet on September 5, 1966 on M. C. Kapur. He was charged with the following: "(i) Misappropriating the funds of the Society. (ii) Getting false cash memo prepared. (iii) Falsification of accounts of the Society. (iv) Refusal of account for the amount of Rs. 3500/- of the Society. (v) Coercing the Society to make payment to Raj Sweets, New Delhi. (vi) Refusal to hand over charge as Treasurer even after your resignation had been accepted and thus keeping the Society's money and books with you unauthorisedly".;