- (1.) THIS letters patent appeal has been preferred by the defendant -appellant having lost in both the Original and Appellate Courts.
(2.) A Title Suit No. 51/1971 was preferred by the plaintiff, Bhavesh Kumar Mitra (since deceased) for a declaration that his dismissal from service by the defendant company was wrongful and illegal and also for damages for such wrongful dismissal. The learned 1st Addl. Sub -Ordinate Judge, Jamshedpur, vide judgment and decree dated 20.8.1986 in T.S. No. 51/71 held the dismissal order wrongful and illegal and allowed damages to the tune of Rs. 69,432/ - in favour of the plaintiff (since deceased). The appeal from Original Decree No. 170/86(R) (First Appeal) was preferred by the defendant -appellant M/s. Tata Engineering and locomotive Company Limited (Hereinafter referred to as the Company in short) against the aforesaid judgment and decree passed in T.S. No. 51/71. During the pendency of the appeal, the plaintiff -respondent died in whose place the present respondents, widow, Smt. Anjali Rani Mitra and daughter, Sumati Mitra, were substituted on 8.5.1995.
(3.) THE case of the plaintiff in brief was that he was a permanent employee of defendant -Company in the post of Tool Crib Attendant, drawing the basic salary of Rs. 217/ - in the transport department of the Company. He entered into the service on 22.12.1949 and in ordinary course would have retired from the services of the Company on 22.12.1980. While he was in service, the company initiated a proceeding against him and issued charge sheet on 22.9.1967 alleging that on 16.9.1967 at 11.15 a.m. the plaintiff was caught by the security staff on duty at gate No. 1 with 82 numbers of Hexa Bolts valued at Rs. 45/ -while he was attempting to take away the same out of the work shop in jeep No. BRI 9876, a departmental vehicle, which was scheduled to go out for the purpose of testing. It is also alleged that the plaintiff had kept the stolen property concealed, wrapped in his rain coat.;