CENTRAL DISTILLERY AND CHEMICAL WORKS LTD Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, Central Distillery and Chemical works Limited (hereinafter referred to as the Distillery) is a limited liability company incorporated under the Indian Companies Act. It is engaged in manufacturing power alcohol. One Sri Jagdish Prasad Sharma (hereinafter called Sharma) was employed as a turner in the Distillery. The management or the Distillery served a charge -sheet dated 9th July, 1956 on Sharma on 10th July, 1956. In that connection, an Enquiry Committee, consisting of Sri S.S. Singhal, secretary of the Distillery, Sri B.N. Khanna, Chemist of the Distillery and Sri Mahendra Singh, one of the workmen of the Distillery was appointed to investigate into the charges against Sharma. on the basis of the report of the Enquiry Committee, the management of the Distillery held Sharma guilty of gross misconduct and by their order dated 26th July, 1956, which was served on Sharma on 27th July, 1956, dismissed him from service. By its order dated the 18th December, 1956 the State Government referred the following dispute for adjudication by Sri K.K. Pandey, Regional Conciliation Officer who was appointed Adjudicator :

(2.) WE have heard Mr. S.C. Khare for the petitioner, Mr. R.C. Verma for the respondent No. 3, the Central Distillery Mazdoor Union, and the learned Junior standing Counsel for respondents Nos. 1 and 2, the State of Uttar Pradesh and Sri K.K. Pandey, the Adjudicator respectively. The submissions that were made before the learned Singh Judge, were repeated before us. They are as follows :

(3.) THE Adjudicator was bound to pronounce the Award which he did not do with the result that the Award is Invalidated. (3) No other point was urged before us. (4) we will take the submissions made by the learned counsel seriatim.