D.P.Kundu, J. - (1.) In this writ application the petitioner has challenged the award dated February 28, 1986 passed by the Second Industrial Tribunal, West Bengal, in case No. VIII 54-75.
(2.) Admittedly, the respondent Nos. 3, 4, 5 and 6 were the workmen of the petitioner. After the death of respondent No. 3, the legal heirs of the respondent No. 3 have been added as respondent Nos. 3a, 3b and 3c.
(3.) By a chargesheet dated August 29, 1972, the following charges were levelled against the aforesaid workmen: "On August 23, 1972 at 7.45 p.m. while the supply van of Modern Bakeries (India) Limited bearing No. WMK-5 delivering breads in Zone 6 under the regular delivery schedule, the undersigned along with the Production Superintendent and the Sales Manager suddenly met the delivery van at 50/3A, Ekbalpur Lane, Calcutta -23. On meeting the said delivery van, I, the undersigned, directed the Sales Manager to check up the contents in the van as, for a considerable long period, it was brought to the notice of the Management that there has been a systematic theft from the Bread Store of the Company. After such physical verification and/or checking, it was found that quantities of breads which were inside the said van were in excess quantities were 4 crates of 48 breads each of 400 gm., and 32 loaves of 400 gms., each. At that point of time the said vehicle was driven by Sri Bimal Krishna Ghosh who was accompanied by Sri Pran Krishna Kundu, Loader. After spotting out the irregularities, I, the undersigned, caused an enquiry at the spot through the Sales Manager who gathered from the Driver and the Loader as to how the excess breads came into the Van. In answer to the said enquiry, the Driver, Bimal Krishna Ghosh and Pran Krishna Kundu jointly gave a written explanation, a copy of which is annexed here which will speak for itself. On return to the factory, the undersigned checked up the Gate Pass connected with the said challans and found that in the Gate Pass it is wrongly inserted 10 crates in place of 6 crates. Thereafter, Sales Manager caused a personal enquiry from Sri Paresh Nath Choudhury, Bread Store Clerk as to how the said excess quantity of bread went out from the store. In reply to said enquiry, the said Bread Store Clerk had given a written explanation, a copy of which is annexed here. Under the above circumstances, I, the undersigned, is of belief that the aforesaid incident is serious and by this process the Company, being a Public Sector Company is incurring heavy "financial loss. I, therefore, charge on the facts which have come out at the spot enquiry that Shri T.K. Sen, Sales Assistant, Bimal Krishna Ghosh, Delivery Van Driver, Pran Krishna Kundu, the Loader and Paresh Nath Choudhury, the Bread Store Clerk, each of them in collusion and conspiracy with each other committed theft, fraud or dishonesty or wilful damage in connection with the business or property of the Company whereby wilful damage or financial loss has been caused to the Company. In addition to what has been stated as aforesaid, the said four persons are also charged for offence of wilful negligence and neglect of duty in complying with the departmental directions regarding dispatch and delivery.";