Alagiriswami, J. - (1.) This is an appeal by special leave against the award of the Labour Court Poona, directing the reinstatement of the respondent in the service of the appellant company.
(2.) The respondent was a watchman in the factory of the appellant at Chinchwad, Poona. A domestic enquiry was held against him in respect of an incident on the night of 15-16 December 1963 and following the enquiry he was dismissed from service on the 7th January 1964. His appeal was dismissed after a personal hearing by the appellate authority. Section 2A of the Industrial Disputes Act came into force on 1st December1965 and on 23rd June 1967 a reference was made by the Government of Maharashtra regarding the dismissal of the respondent to the Labour Court, Poona, and the Labour Court held that the domestic enquiry held against the respondent was defective, that the charge against the respondent had not been made out and directed him to be reinstated.
(3.) There were four charges framed against the respondent in the domestic enquiry.They were: (1) Suspected dishonesty in connection with the company's property. (2) Gross negligence in performance of his duties. (3) Disobedience of instructions given by the superiors. (4) Commission of an act subversive of discipline. For the purposes of this appeal it is not necessary to consider other charges than charge No, 1. The charge-sheet is rather a bit confused but the statement of facts regarding charge No,1 is clear and there cannot be any doubt or confusion about it. The facts stated in the chargesheet are as follows:. "It is reported that while you were on duty in the 2nd shift on Sunday the 15th December, 1963 at about 10.30 P.M. you left the guard room and went into the factory. While returning from the factory you are reported to have brought out with you a new Fluorescent Tube and to have kept it in the guard room. Immediately after this you are also reported to have directed one of the two watchmen on duty at that time to take a round with the tel-a-tel clock. It is further reported that at about 11.20 P.M, you removed the Fluorescent Tube from the guardroom and were carrying it away out of the factory, At this stage you were challenged by the watchman, Shri M.B . Shinde and consequently you brought back the tube and left it in the guard room. The Company had, however, not received any report in the matter from you. You were, therefore, called up when you reported for duty on 16th afternoon and were questioned in the matter. When you were asked to submit your written report about the incident and about -your failure to report immediately to your superiors you stated that you will submit your report after consulting your pleader. The above mentioned facts and particularly your unwillingness to submit written report when called upon to do so give rise to doubts about your integrity and faithfulness both in regard to the security and property belonging to the Company for which you are responsible while on duty as a person in charge of the security of the Company.";