M/S. THE NEW VICTORIA MILLS CO. LTD., KANPUR Vs. ROHINI KUMAR AND OTHERS
LAWS(ALL)-1965-2-24
HIGH COURT OF ALLAHABAD
Decided on February 11,1965

M/s. The New Victoria Mills Co. Ltd., Kanpur Appellant
VERSUS
ROHINI KUMAR Respondents

JUDGEMENT

- (1.)JUDGEMENT This is a petition under Art. 226 of the Constitution. The main prayer is that the award, dated 16-3-1959 be quashed and for consequential reliefs.
(2.)THE petitioner is a company carrying on the business of manufacture and sale of cotton goods.
For an incident which happened in the evening of 4th July 1958 Rohini Kumar, the first respondent, who was at that time working as gate clerk in the petitioner company, was charge-sheeted for misconduct. Under Standing Order 23(c) which applied to the clerks employed by the petitioner company, taking or giving bribe or any illegal gratification was a misconduct for which the workmen could be dismissed. One of the charges related to the taking of bribe. The charge-sheet was served on Sri Rohini Kumar on 10th July 1958. On 14th July 1958, Sri Rohini Kumar submitted his explanation denying the allegation. The explanation was considered unsatisfactory and an enquiry was directed to be instituted. The enquiry was conducted by the Assistant Labour Officer of the petitioner company. He recorded evidence of several witnesses and gave an opportunity to Sri Rohini Kumar to cross-examine these witnesses as also to adduce his own evidence. Sri Rohini Kumar cross-examined some of the witnesses but did not cross-examine the others. Sri Rohini Kumar examined himself in his defence but produced no other witness. The Inquiring Officer found that Sri Rohini Kumar was guilty of the various acts of misconduct for which he was charged. On 25th July 1958, the Mill Manager after having perused the enquiry report and evidence led in the case, passed an order dismissing Sri Rohini Kumar with effect from that date.

(3.)AN industrial dispute with respect to the dismissal of Sri Rohini Kumar was raised and referred to the Regional Conciliation Officer, Kanpur. No amicable settlement was arrived at. Ultimately, the dispute was referred to the Labour Court, Kanpur. For adjudication.
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