R.S. Dhavan, J. - (1.) This writ petition is by a public sector undertaking National Textile Corporation, U.P. Ltd., which otherwise is the custodian of the erstwhile Messrs Atherton Mills, Ltd., Anwar ganj, Kanpur in pursuance of the provisions of Laxmiratan and Atherton (Taking over of Management) Act, 1976 (Act No. 98 of 1976). Nanhoo Lai is the workman, and respondent No.3.
(2.) On August 22, 1979, Nanhoo Lai was apprehended by the security staff in an attempt to smuggle out of the mill premises, it is alleged three pieces of cloth measuring 61/2 and 31/2 meters. A police report was instituted for an of fence under Section 370 Indian Penal Code, on a charge of theft. Upon a charge sheet being submitted the matter was tried as case No. 500 of 1980 by-the Metropolitan Magistrate. This aspect will engage the attention of the Court subsequently. The petitioner corporation served the charge sheet on the workman dated August 24, 1979. The domestic enquiry kept getting adjourned as the record reveals that the workman would not appear between 7.9.1979 to 2.2.1980. Appearance of the workman before the Enquiry Officer was not regular and the cause of absence is not satisfactory. The Enquiry Officer submitted a report and found the charge of theft wholly proved and the management in pursuance of the enquiry report passed an order of dismissal on March 1, 1980.
(3.) The workman Nanhoo Lai raised an Industrial Dispute after conciliation between the employer and workman failed. The matter was referred for adjudication under Section 4-K of the U.P. Industrial Disputes Act, 1987 and numbered as adjudication case No. 5 of 1982 before the Labour Court (III) Kanpur. The Labour Court examined the matter on merits and reflected upon the domestic enquiry and was not satisfied that the charge of theft had been proved and by its award of July 29, 1985 directed reinstatement and continuity of service.;