RAKESH TIWARI,J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) RESPONDENT no.3 was appointed as Carpenter on temporary post on 2.6.1977 in Gorakhpur Region. Subsequently on 26.7.1978 he was transferred from Bird Ghat Depot, Gorakhpur Region to Dohri Ghat Depot of Azamgarh Depot. He was placed under suspension by order dated 28.7.1978 on misconduct and a charge sheet dated 2.8.1978 was also issued to the petitioner. After enquiry the authorities reinstated the workman in service with warning and forfeiture of salary for suspension period except for suspension allowance by an order dated 16.11. 1978. On 19.12.1979 a report was submitted by Sri Hardeo Ram, Chaukidar that he caught the workman along with Sri Dudh Nath Carpenter carrying 11 aluminum foils weighing 2-3 kgs. The workman was placed under suspension by an order dated 2.1.1980 and a chargesheet dated 29.1.1980 was also served on him. He filed reply thereto on 1.2.1980. After holding an enquiry the petitioner issued show cause notice dated 21.3.1980 to the workman concerned along with an enquiry report. Thereafter the workman was removed from service by order dated 10.4.1980. In so far as Sri Dudh Ram is concerned, he was permitted to serve the department again.
(3.) THE workman raised an industrial dispute before the Regional Conciliation Officer but no settlement could be arrived at and a report was submitted to the State Government by him and following matter of dispute was referred to the Labour Court, Gorakhpur where it was registered as Adjudication Case No. 145 of 1982. ...[VERNACULAR TEXT OMMITED]...;