Pradeep Kumar, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondent-Management.
(2.) This writ application has been filed by the petitioner against the Award dated 20-3-2003 passed by the Presiding Officer, Labour Court, Ranchi in Reference Case No. 7 of 1997, by which judgment in a reference as to whether the termination of services of Sri Sunil Kumar T.No.-9920/05913/1 Pharmacist Grade III Works Hospital, Jamshedpur by the management of M/s. Tata Engineering and Locomotive Company Ltd., Jamshedpur is justified? If not, what relief the workman is entitled to? the Labour Court after discussing all the evidences, came to a conclusive finding that the termination of services of the concerned workman by the Management of TELCO is justified.
(3.) It is submitted by the learned counsel for the petitioner that the Labour Court found the domestic inquiry to be unjust and thereafter allowed the parties to take evidence, but wrongly came to a perverse finding in absence of any evidence that any theft was committed from the Store of the Hospital of TELCO that the articles recovered from the Dicky of the petitioner s scooter was theft article and accepted the dismissal of the petitioner by the Management. He has further submitted that the finding of dismissal with retrospective effect from 26-4-93, the date of suspension passed on 23-11-95 was also bad and the learned Labour Court wrongly confirmed the same. Thirdly, he has argued that the punishment of termination of service for recovery of some medicines alleging to be belonging to the Hospital of TELCO worth only Rs. 400/- was bad and the learned Labour Court failed to consider the case of the petitioner-workman under Section 11(a) of the Industrial Disputes Act that some lesser punishment could also be passed for such an act and as such the finding of the Labour Court is bad, perverse and only fit to be set aside.;