MARTIN BURN LIMITED Vs. R N BANERJEE
LAWS(SC)-1957-9-14
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on September 20,1957

MARTIN BURN LIMITED Appellant
VERSUS
R.N.BANERJEE Respondents





Cited Judgements :-

SMT. SHAHBAZ BANO GRAM PRADHAN VS. SMT. SAHIBA BANO AND OTHERS [LAWS(ALL)-2002-10-257] [REFERRED TO]
RADHA BAI VS. BANKA CHINNAYYA AND OTHERS [LAWS(APH)-1962-3-20] [REFERRED TO]
MARUTI BHANUDAS KAMBLE VS. BAJAJ AUTO LTD [LAWS(BOM)-2009-6-105] [REFERRED TO]
POORNA SINGH KAIN VS. UNION OF INDIA [LAWS(DLH)-2008-9-90] [REFERRED TO]
D.T.C. VS. SALEK CHAND [LAWS(DLH)-2023-3-246] [REFERRED TO]
THAKURA HIMMATSINGH VS. BOARD OF REVENUE M P [LAWS(MPH)-1965-4-1] [REFERRED TO]
KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE CENTRAL DIVISION VS. JOHN DSOUZA [LAWS(KAR)-2016-7-70] [REFERRED TO]
JOSEPH FRANKLIN VS. MADURA COMPANY PRIVATE LTD [LAWS(KER)-1968-12-4] [REFERRED TO]
JOSEPH FRANKLIN VS. MADURA COMPANY PRIVATE LTD [LAWS(KER)-1968-12-4] [REFERRED TO]
SUPERINTENDENT NELLIKAI ESTATE VS. THEIR WORKMEN [LAWS(KER)-1959-8-37] [REFERRED TO]
CHEMICALS AND FIBRES OF INDIA LTD. VS. G.K. PATANKAR AND OTHERS [LAWS(BOM)-1983-9-72] [REFERRED TO]
DELHI TRANSPORT CORPORATION VS. SARDAR SINGH [LAWS(DLH)-2001-12-70] [REFERRED]
MANAGING DIRECTOR BRAKES INDIA LTD VS. S PACKIARAJ [LAWS(MAD)-2006-1-174] [REFERRED TO]
MADRAS COATS LIMITED REP VS. PRESIDING OFFICER PRINCIPAL LABOUR COURT MADURAI [LAWS(MAD)-2003-12-19] [REFERRED TO]
KANAN DEVAN HILLS PRODUCE CO VS. INDUSTRIAL TRIBUNAL ERNAKULAM [LAWS(KER)-1962-6-29] [REFERRED TO]
MEENAKSHI MILLS LIMITED MEENAKSHI MILLS LIMITED VS. THEIR WORKMEN:THEIR WORKMEN [LAWS(SC)-1957-11-2] [FOLLOWED]
BIRLA COTTON SPINNING AND WEAVING MILLS LTD VS. LABOUR COURT [LAWS(P&H)-1966-2-4] [REFERRED TO]
RAM CHANDER ARJAN DASS, COTTON MERCHANTS VS. NATIONAL TEXTILE CORPORATION LTD. [LAWS(P&H)-1982-8-51] [REFERRED TO]
CHOLAN ROADWAYS LTD VS. G THIRUGNANASAMBANDAM [LAWS(SC)-2004-12-8] [REFERRED TO]
NIRMALA J. JHALA VS. STATE OF GUJARAT [LAWS(SC)-2013-3-40] [REFERRED TO]
IMRATLAL VS. VISHNU PRASAD AND OTHERS [LAWS(MPH)-2006-11-130] [REFERRED TO]
PINE LABS PVT. LTD VS. GEMALTO TERMINALS INDIA PVT. LTD [LAWS(DLH)-2011-8-464] [REFERRED TO]
ELASTREX POLYMERS PVT LTD VS. JANARDHANA [LAWS(KAR)-2011-8-23] [REFERRED TO]
Elastrex Polymers Pvt., Ltd., represented by its Manager Production VS. Sri Janardhana S/o Sri Sanjeevaiah [LAWS(KAR)-2011-8-136] [REFERRED TO]
MADURA COATS LIMITED VS. PRESIDING OFFICER PRINCIPAL LABOUR COURT [LAWS(MAD)-2003-12-94] [REFERRED TO]
DIVISIONAL CONTROLLER, G.S.R.T.C. VS. SANJAYKUMAR SHYAMJIBHAI PARMAR AND ANOTHER [LAWS(GJH)-2017-2-251] [REFERRED TO]
HARI SHANKAR PRASAD VS. SHAHID ALI KHAN [LAWS(PAT)-2002-7-2] [REFERRED TO]
M/S. NAVYA INFRACON PROJECTS (I) PRIVATE LTD., VISAKHAPATNAM VS. STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY [LAWS(APH)-2016-12-32] [REFERRED TO]
SUPERINTENDENT OF POLICE/CBI/SPE SILCHAR VS. T Z KONYAK [LAWS(GAU)-2011-7-73] [REFERRED TO]
REDAUL HUSSAIN KHAN VS. NATIONAL INVESTIGATION AGENCY [LAWS(GAU)-2012-9-23] [REFERRED TO]
MANAGEMENT OF BANGALORE WOOLLEN COTTON AND SILK MILLS COMPANY LIMITED MANAGEMENT OF BANGALORE WOOLLEN COTTON AND SILK MILLS COMPANY LIMITED VS. B DASAPPA M T [LAWS(SC)-1960-2-9] [FOLLOWED]
AKHILESH KUMAR SINGH @ MANOJ KUMAR VS. THE UNION OF INDIA [LAWS(PAT)-2016-9-1] [REFERRED TO]
L.PRAKASAM REDDY VS. PARAS MEDICAL PUBLISHERS [LAWS(TLNG)-2023-11-79] [REFERRED TO]
DELHI TRANSPORT CORPORATION VS. VIRENDER SINGH [LAWS(DLH)-2004-10-127] [REFERRED TO]
IRIDIUM INDIA TELECOM LTD VS. MOTOROLA INC [LAWS(BOM)-2004-4-198] [REFERRED TO]
AIR INDIA LTD VS. L R SOLANKI [LAWS(BOM)-2005-4-131] [REFERRED TO]
RAHUL ENTERPRISES VS. COMMISSIONER OF SALES-TAX [LAWS(DLH)-1998-12-21] [REFERRED TO]
DELHI TRANSPORT CORPORATION VS. RAMESH CHAND [LAWS(DLH)-2012-7-648] [REFERRED TO]
JAYPRAKASH SAHEBRAO SURYAWANSHI VS. STATE OF MAHARASHTRA AND OTHERS [LAWS(BOM)-2018-7-168] [REFERRED TO]
MANAGEMENT OF EXPRESS NEWSPAPER (PRIVATE) LTD., MADRAS VS. INDUSTRIAL TRIBUNAL MADRAS AND ANR. [LAWS(MAD)-1960-5-9] [REFERRED TO]
FLIPKART INTERNET PVT. LTD. VS. COMPETITION COMMISSION OF INDIA [LAWS(KAR)-2021-7-126] [REFERRED TO]
G HANUMANTHA RAO VS. MANAGEMENT OF NUCON INDUSTRIES PVT LTD [LAWS(APH)-2006-3-90] [REFERRED TO]
M. VEERANNA RAJU VS. STATE OF A.P. [LAWS(APH)-2024-4-54] [REFERRED TO]
DILBHAG SINGH VS. DTC [LAWS(DLH)-2010-6-80] [REFERRED TO]
GENERAL ELECTRIC CO OF INDIA LTD VS. FIFTH INDUSTRIAL TRIBUNAL [LAWS(CAL)-1987-9-27] [REFERRED TO]
PEERLESS GEN FINANCE AND INVEST CO LTD VS. THIRD INDUSTRIAL TRIBUNAL [LAWS(CAL)-1985-6-32] [REFERRED TO]
TRUSTEES OF "TRIBUNE" VS. INDUSTRIAL TRIBUNAL [LAWS(P&H)-1961-2-4] [REFERRED TO]
BISHESHWAR SINGH VS. SUBDIVISIONAL MAGISTRATE [LAWS(PAT)-1973-2-17] [REFERRED TO]
COMINCO BINANI ZINC LTD VS. MOHANAN [LAWS(KER)-1993-1-71] [REFERRED TO]
AMAZON SELLER SERVICES PRIVATE LIMITED VS. COMPETITION COMMISSION OF INIDA [LAWS(KAR)-2021-6-3] [REFERRED TO]
INDIA TYRE AND RUBBER COMPANY INDIA PRIVATE LIMITED VS. COMMERCIAL TAX OFFICER II CENTRAL ASSESSMENT CIRCLE MADRAS [LAWS(MAD)-1980-6-2] [REFERRED TO]
THE MANAGEMENT OF NEW DELHI MUNICIPAL COMMITTEE VS. LT. GOVERNOR, DELHI AND OTHERS [LAWS(DLH)-1971-9-56] [REFERRED TO]
SUBHASH CHANDER VS. REHMAT ULLAH [LAWS(DLH)-1972-9-5] [REFERRED TO]
BHARAT PETROLEUM CORPORATION LIMITED VS. P.N.SURENDRAN NAIR [LAWS(KER)-2020-2-389] [REFERRED TO]
ATHERTON WEST AND CO LTD VS. REGIONAL CONCILIATION OFFICER KANPUR [LAWS(ALL)-1958-9-17] [REFERRED TO]
KETINENI CHANDRASEKHAR RAO VS. BOPPANA SESHAGIRI RAO AND OTHERS [LAWS(APH)-2016-11-46] [REFERRED TO]
OINAM MONITON SINGHA VS. NATIONAL INVESTIGATING AGENCY [LAWS(GAU)-2012-10-58] [REFERRED TO]
KROVVIDI BALA GANGADHARA TILAK VS. SPECIAL TAHSILDAR HYDERABAD EAST [LAWS(APH)-1978-3-44] [REFERRED TO]
POONNAMMA VISHWANATHAN VS. MOOLCHAND KHAIRATI RAM HOSPITAL AND ORS. [LAWS(DLH)-2015-12-186] [REFERRED TO]
P SRIDEVI W O P MURALI KRISHNA VS. CHERISHMA HOUSING PRIVATE LTD [LAWS(APH)-2008-9-77] [REFERRED TO]
DELHI TRANSPORT CORPORATION VS. PALE RAM [LAWS(DLH)-2016-11-50] [REFERRED TO]
SHISH RAM VS. DELHI TRANSPORT CORPORATION [LAWS(DLH)-2011-11-18] [REFERRED TO]
CHANDRA DARSHAN DEVELOPERS THROUGH PARTNER VS. HIRALAL GOPALBHAI [LAWS(GJH)-2022-3-25] [REFERRED TO]
NATIONAL ENGINEERING INDUSTRIES LIMITED VS. SHANKER LAL [LAWS(RAJ)-1982-5-27] [REFERRED]
SUPERINTENDENT, KALIYAR ESTATE, KERALA VS. O. KURIAKKO AND ANOTHER [LAWS(KER)-1970-12-33] [REFERRED TO]
K K RAGHAVAN VS. INDUSTRIAL TRIBUNAL ERNAKULAM [LAWS(KER)-1958-3-30] [REFERRED TO]
BHAVNABEN VAJUBHAI ODEDARA VS. STATE OF GUJARAT [LAWS(GJH)-2017-12-249] [REFERRED TO]
SUPERINTENDING ENGINEER VS. ASHWIN VAJUBHAI KAVAIYA [LAWS(GJH)-2017-2-51] [REFERRED TO]
FORT WILLIAM COMPANY LTD VS. RAM DEO RAM [LAWS(CAL)-1978-3-93] [REFERRED]
RADHA BAI VS. BANKA CHINNAYYA [LAWS(APH)-1967-10-35] [REFERRED TO]
T BALA GOUD VS. GOVT OF A P [LAWS(APH)-1987-3-49] [REFERRED TO]
JIBANGSHU PAUL,S/O LATE NALINI PAUL VS. NATIONAL INVESTIGATION AGENCY [LAWS(GAU)-2011-7-85] [REFERRED TO]
I T D C LTD VS. S K ROY [LAWS(DLH)-2007-3-58] [REFERRED TO]
RAJ BAHADUR VS. CHAIRMAN [LAWS(DLH)-2008-5-319] [REFERRED TO]
R L MORIA VS. CHAIRMAN CUM MANAGING DIRECTOR NATIONAL AVIATION COMPANY OF INDIA LTD [LAWS(DLH)-2010-5-88] [REFERRED TO]
MANASH KUMAR MAJI & ORS VS. SUMAN MAJI & ANR [LAWS(CAL)-2018-12-57] [REFERRED TO]
BURHAR AND AMLAI COLLIERLES SHAW WALLACE AND CO VS. CENTRAL INDUSTRIAL TRIBUNAL [LAWS(MPH)-1966-10-13] [REFERRED TO]
DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED VS. DIL BAHADUR [LAWS(DLH)-1981-1-27] [REFERRED 2.]
INDIAN AIRLINES LTD VS. S N HARIDAS [LAWS(BOM)-2007-1-74] [REFERRED TO]
VOLTAS LIMITED MOTOR PLANT VS. VOLTAS MOTOR PLANT EMPLOYEES UNION [LAWS(BOM)-2001-2-102] [REFERRED TO]
ICICI BANK LTD VS. MAIKAAL FIBRES LIMITED [LAWS(CAL)-2004-11-14] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. PREM BHUTANI [LAWS(DLH)-2022-4-50] [REFERRED TO]
H R GOKHALE VS. BHARUCHA NOSHIR C [LAWS(BOM)-1967-9-14] [REFERRED TO]
BHARAT MOHAN RATESHWAR VS. NATIONAL INVESTIGATION AGENCY [LAWS(RAJ)-2012-12-9] [REFERRED TO]
DIVISIONAL MANAGER AND AUTHORIZED DISCIPLINARY OFFICER RSRTC VS. SHRI SHABIR SHAH [LAWS(RAJ)-2018-7-194] [REFERRED TO]
MANAGING COMMITTEE ADARS UNCHH VIDYALAYA VS. PRESIDENT BOARD OF SECONDARY EDUCATION [LAWS(PAT)-1973-2-10] [REFERRED TO]
JOHN DSOUZA VS. KARNATAKA STATE ROAD TRANSPORT CORPORATION [LAWS(SC)-2019-10-48] [REFERRED TO]
DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED VS. LUDH BUDH SINGH [LAWS(SC)-1972-1-57] [FOLLOWED]
SAYED ABDUL ALA VS. UNION OF INDIA [LAWS(SC)-2007-9-50] [REFERRED TO]
DHEERAN CHINNAMALAI TRANSPORT CORPORATION LTD VS. INDUSTRIAL TRIBUNAL [LAWS(MAD)-2003-8-87] [REFERRED TO]
MANAGEMENTS OF CAMBODIA MILLS VS. INDUSTRIAL TRIBUNAL HIGH COURT MADRAS [LAWS(MAD)-1959-3-17] [REFERRED TO]
SHIVA SHANKAR VERMA VS. STATE OF BIHAR [LAWS(PAT)-2011-8-14] [REFERRED TO]
SHIVA SHANKAR VERMA VS. USHA VERMA [LAWS(PAT)-2011-8-84] [REFERRED TO]
BILLIMORIA JEHAN BUX TEHMURAS VS. INDIAN INSTITUTE OF ARCHITECTS [LAWS(BOM)-2004-10-36] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. INCOME TAX APPELLATE TRIBUNAL [LAWS(KER)-1979-4-2] [REFERRED TO]
MODERN TILE CLAY WORKS VS. INDUSTRIAL TRIBUNAL, CALICUT [LAWS(KER)-1967-9-20] [REFERRED TO]
DELHI TRANSPORT CORPORATION VS. INDUSTRIAL TRIBUNAL NO. II [LAWS(DLH)-2014-4-393] [REFERRED TO]
H SINGH KHALSA VS. B L NARENDRA [LAWS(KAR)-1997-1-57] [REFERRED TO]
PHILIPS INDIA LIMITED VS. LD FOURTH INDUSTRIAL TRIBUNAL WEST BENGAL [LAWS(CAL)-2003-8-64] [REFERRED TO]
D T C VS. DELHI ADMINISTRATION [LAWS(DLH)-2007-4-97] [REFERRED TO]
D T C VS. DELHI ADMINISTRATION [LAWS(DLH)-2007-4-97] [REFERRED TO]
W VS. H & ANR [LAWS(DLH)-2016-8-50] [REFERRED TO]
RELIANCE INFOCOMM LTD VS. SHEETAL REFINERIES PVT LTD [LAWS(APH)-2007-9-42] [REFERRED TO]
MOTHUKURI RANGA RAO VS. ROYYALA LAXMINARAYANNA [LAWS(APH)-2007-12-37] [REFERRED TO]
RSRTC VS. TEJ RAM AND ORS. [LAWS(RAJ)-2015-12-68] [REFERRED TO]
DIVISIONAL MANAGER & AUTHORIZED DISCIPLINARY AUTHORITY VS. RAMESHWAR LAL AND ORS. [LAWS(RAJ)-2015-6-6] [REFERRED TO]
G P JOSHI VS. RAJ FINANCIAL CORP [LAWS(RAJ)-2019-1-117] [REFERRED TO]
MANAGEMENT OF TAMIL NADU VS. JOINT COMMISSIONER OF LABOUR [LAWS(MAD)-2013-6-198] [REFERRED TO]
A. G. MIRZA VS. CHIEF ENGINEER (GENERATION) [LAWS(GJH)-2024-4-120] [REFERRED TO]
SHANTI DEVI VS. STATE OF BIHAR [LAWS(PAT)-2009-3-139] [REFERRED]
KARNATAKA STATE ROAD TRANSPORT CORPORATION VS. JOHN D SOUZA S/O LOUIS D SOUZA [LAWS(KAR)-2017-9-122] [REFERRED TO]
KARNATAKA STATE ROAD TRANSPORT CORPORATION VS. JOHN DSOUZA [LAWS(KAR)-2018-11-135] [REFERRED TO]
DIVISIONAL CONTROLLER VS. LILABHAI VISABHAI KUCHHADIYA [LAWS(GJH)-2017-2-53] [REFERRED TO]
MAHINDRA AND MAHINDRA LTD VS. DWARKANATH BABAJI DALVI [LAWS(BOM)-2006-2-127] [REFERRED TO]
A A KADVA VS. SARASWATI VAN VIDYA MANDAL & 1 [LAWS(GJH)-2016-9-112] [REFERRED]
K.M. DEB VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL DIBRUGARH AND OTHERS [LAWS(GAU)-1984-1-29] [REFERRED TO]
RAM PHAL AND ANR., PREM SINGH AND RAJBIR SINGH VS. D.T.C. [LAWS(DLH)-2007-3-232] [REFERRED TO]
RAM KRISHNA AND SONS CHARITABLE TRUST LTD VS. IILM BUSINESS SCHOOL [LAWS(DLH)-2008-11-63] [REFERRED TO]
JAYANTA KUMAR GHOSH VS. STATE OF ASSAM [LAWS(GAU)-2010-5-1] [REFERRED TO]
MIRZA SAIF ALI KHAN VS. BOARD OF REVENUE GOVT OF ANDHRA PRADESH [LAWS(APH)-1963-10-19] [REFERRED TO]
HENDRICKS AND SONS VS. INDUSTRIAL TRIBUNAL [LAWS(APH)-1960-7-16] [REFERRED TO]
INDIAN HOTEL COMPANY LTD VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-3-26] [REFERRED TOSC]
GMR HYDERABAD INTERNATIONAL AIRPORT LIMITED VS. COMPETITION COMMISSION OF INDIA [LAWS(TLNG)-2022-10-34] [REFERRED TO]
USHA BRECO MAZDOOR SANGH VS. MANAGEMENT OF USHA BRECO LTD [LAWS(SC)-2008-4-151] [REFERRED TO]
SURESH SHANKAR ROKADE VS. MUNICIPAL CORPORATION OF GR MUMBAI & ANR [LAWS(BOM)-2018-6-180] [REFERRED TO]
KANAN DEVAN HILLS PRODUCE CO VS. INDUSTRIAL TRIBUNAL ERNAKULAM [LAWS(KER)-1963-8-25] [REFERRED TO]
UNION OF INDIA UOI VS. VINOD PRAKASH SINGH [LAWS(ALL)-1981-8-4] [REFERRED TO]
KANNAN DEVAN HILLS PRODUCE COMPANY VS. INDUSTRIAL TRIBUNAL [LAWS(KER)-1961-5-5] [REFERRED TO]
BAJAJ AUTO LIMITED VS. SHRIKANT VINAYAK YOGI [LAWS(BOM)-2006-4-133] [REFERRED TO]
NELLIKKAI ESTATE VS. ITS WORKMEN [LAWS(KER)-1959-8-1] [REFERRED TO]
BRIHANMUMBAI MUNICIPAL CORPORATION VS. HARGOVIND G SINGH [LAWS(BOM)-2003-8-178] [REFERRED]
V V MAHAJAN VS. S SAVARAN SINGH JOSH [LAWS(DLH)-1984-5-2] [REFERRED TO]
VIJAY KUMAR VS. D T C [LAWS(DLH)-2005-12-114] [REFERRED TO]
NATIONAL TOBACCO CO OF INDIA LTD VS. FOURTH INDUSTRIAL TRIBUNAL [LAWS(CAL)-1959-11-8] [REFERRED TO]
BATA SHOE CO PR LTD VS. THIRD INDUSTRIAL TRIBUNAL [LAWS(CAL)-1973-7-20] [REFERRED TO]
D T C VS. PRESIDING OFFICER [LAWS(DLH)-2007-10-155] [REFERRED TO]
DIVISIONAL CONTROLLER, GUJARAT STATE ROAD TRANSPORT CORPORATION VS. KAMLESH BHANUSHANKAR DAVE [LAWS(GJH)-2022-7-12] [REFERRED TO]
DIVISIONAL CONTROLLER, GUJARAT STATE ROAD TRANSPORT CORPORATION VS. KAMLESH BHANUSHANKAR DAVE [LAWS(GJH)-2022-7-12] [REFERRED TO]
DEVENDAR GUPTA VS. NATIONAL INVESTIGATION AGENCY [LAWS(APH)-2014-3-17] [REFERRED TO]
NABIN CHANDRA KALITA VS. STATE OF ASSAM [LAWS(GAU)-1999-10-9] [REFERRED TO]
NATIONAL INVESTIGATION AGENCY VS. REDAUL HUSSAIN KHAN [LAWS(GAU)-2010-5-18] [REFERRED TO]
DANIELI ENGINEERING INDIA VS. STATE OF WEST BEGAL [LAWS(CAL)-2008-9-7] [REFERRED TO]


JUDGEMENT

Bhagwati, J. - (1.)This appeal with special leave against the decision of the Labour Appellate Tribunal of India, Calcutta, arises out of an application made by the appellant under S. 22 of the Industrial Disputes (Appellate Tribunal) Act, 1950 (hereinafter referred to as "the Act") for permission to discharge the respondent.
(2.)The respondent had been appointed as a pay-clerk in the appellant's cash department on 30-4-1945, and had been confirmed in service with effect from 1-8-1945. Since the beginning of 1949, the Respondent was found to have become negligent and careless in his work and he was also disobedient and slow in the performance of the duties that were allotted to him. Repeated verbal and written warnings were given to him but they had no effect whatever. Consequently the Chief Cashier by his letter dated 24-10-1949, addressed to the Manager of the appellant, complained that he was very negligent and careless in his work, and habitually showed sulkiness, that he was also disobedient, and shirked the duties that were allotted to him and that recently, he was careless enough to keep the Company's money in an open drawer of a safe, and go home, without locking the same. The Management thereupon asked for his written explanation which he submitted on 28-10-1949, stating that if there was anything wrong on his part that was due to his ill health, hard work and mental anxiety. He, therefore, asked to be excused and stated that he would take much more care in future about his work. On 17-11-1949, the Chief Cashier again complained against the respondent stating that he had not only registered no improvement but was grossly negligent in his duties, in spite of repeated warnings, and was in the habit of absenting himself on flimsy grounds, and always tried to avoid duties that were entrusted to him and was very insolent in his behaviour and conduct. A charge-sheet was submitted to him on 18-11-1949, and he was suspended till the final disposal of the enquiry. On November 19, 1949, the respondent wrote a letter to the Managing Director of the appellant pleading not guilty to the charges framed against him and asking for an interview so that he may have a chance to represent his grievances personally. The respondent was granted an interview with the Manager of the appellant who investigated the case of the respondent and found him guilty of the charges framed against him. The respondent had admitted having been rude to his superior officer in a fit of temper but appeared to be repentant of his conduct and had tendered an apology to the Chief Cashier. He also submitted on 29-11-1949, a letter asking to be excused. Under the circumstances, the manager of the appellant recommended in his report dated 29-11-1949, that the respondent be given one more opportunity to prove himself of good behaviour but having regard to the request made by the respondent in that behalf suggested that he be transferred to the Mechanical Engineering Department. The Manager also stated at the end of the said report that he had warned the respondent that if he got any further adverse report about his work or conduct, his services would be terminated forthwith. Following upon that report a letter was addressed by the appellant to the respondent on the same day intimating that the appellant had decided to give him one more chance of working in the organization on the distinct understanding that should there be any further adverse report about his work or conduct his services would be terminated forthwith . He was directed on that understanding to report to Mr. Hooper of the M. E. Department, where he was being transferred with effect from the next day.
(3.)In spite of these chances being given to him the respondent did not improve and he was again found seriously neglecting his work. There were also complaints from the typists to the effect that the respondent's chatter interfered with their work. Mr. Hooper after giving him verbal warnings on several occasions without any effect ultimately gave him a written warning on 9-2-1951, recording the above facts and asking that the respondent should show immediate improvement in his conduct failing which he would take the matter further. The respondent replied by his letter dated 16-2-1951, denying the allegations contained in the said letter of Mr. Hooper. He pleaded that he was not negligent in his duty inasmuch as he had to discharge the arrears of work which were outstanding at the time when he took over the work of writing parcel challans and he was also asked to do other work of the clerks who were absent on leave. He however admitted that he had occasionally talked with his co-workers though he contended that that was not in such a way as would prompt his co-workers to complain against him. He further asked to be excused for the faults, if any, and gave an assurance that he was trying and would try his level best to improve further.


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