N.L.Ganguly, J. - (1.) M/s. Bharat Heavy Electricals Ltd., petitioner (here-in-after referred to as BHEL), challenged the award dated September 23, 1985 given by the Labour Court, Meerut in Adjudication Case referred under Section 4-K of the U.P. Industrial Disputes Act.
(2.) The brief facts of the case show that Sri Ved Singh Panwar was employed at the petitioner's Establishment as a Tradesman (Grade IV) since October 15, 1974 in the Production Department. On February 24, 1978 when he was going out of the factory through the Main gate during the lunch, was checked by the Security Staff and found carrying five pieces of Babbits weighing about 2.5 kgs. belonging to the Company. The search was made by the Security Staff in presence of witnesses which was found in coat pockets and hidden in underwear (Langot). In the petition, it is said that he confessed the guilt at the time of search in presence of certain witnesses. The written and signed statement admitting the guilt has been annexed. The recovery memo etc. was prepared. The Senior Manager (Production) issued a charge-sheet to the respondent on February 25, 1978 for and on behalf of the Head of Department of the Production Unit. The; respondent was also placed under suspension during the enquiry.
(3.) During the preliminary enquiry proceedings, the respondent denied the allegations. After; consideration of the explanation of the respondent with the report of the preliminary report, the Dy. General Manager (Production), who is Head of the Production Department, nominated Enquiry Officer according to the Standing Orders. Notice was given to the respondent by the Enquiry Committee constituted. The respondent appeared before the domestic enquiry and participated in the proceedings. The enquiry report was submitted before the Head of Department who concurred with the enquiry report that the respondent workman was guilty of theft. The respondent was dismissed from the service of the Company by order dated September 9, 1978.;