MANAGEMENT OF M/S. P. ORR SONS (P.) LTD., MADRAS Vs. PRESIDING OFFICER, LABOUR COURT, MADRAS AND OTHERS

JUDGEMENT

(1.) The petitioner herein Drays for the issue of a writ of certiorari to quash the award of the Labour Court, Madras, dated 6th January, 1973 made in I. D. No. 131 of 1970 on its file. The third respondent herein was employed as a typist-cum-clerk under the petitioner and she had put in a continuous service of about 24 years. On the evening of 15-2-1969, she was found taking away from the petitioner's premises an empty watch cleaning oil tin belonging to the petitioner-company. A charge was framed against her and an enquiry was conducted. The Enquiry Officer found that the third respondent had committed the misconduct of "Theft or fraud or dishonesty in connect:on with the employer's business or property" under Clause 17 (d) of the Standing Orders of the Company. On the basis of this report, the third respondent herein was dismissed from service by the order of the petitioner dated 19th March, 1969. This order stated :

(2.) One Balakrishnan was employed as a watch repairer under the petitioner. The petitioner issued a show cause memo dated 22-4-1969 alleging that one lady's watch was missing along with another watch which was found out subsequently. He gave an explanation which was not accepted by the petitioner-management. A domestic enquiry followed and finally Balakrishnan was dismissed from service on 15-7-1969. The finding against him was that he was guilty of negligence and carelessness in keeping the watch in question. In his case also, the order of dismissal stated:

(3.) The dismissal of the third respondent and Balakrishnan, was referred to the Labour Court, Madras, for adjudication by the Government in G. O. Rt. No. 1425, Labour Department, dated 26-6-1970. The Labour Court, by the impugned award directed the reinstatement of both the third respondent herein and Balakrishnan with half back wages. It is to quash this award the present writ petition under Art. 226 of the Constitution of India has been filed.