PURE DRINKS PVT LTD Vs. MUMBAI MAZDOOR SABHA BOMBAY

JUDGEMENT

(1.) This Special Civil Application has been filed by the petitioner-company against the Mumbai Mazdoor Sabha, viz., the 1st respondent, for setting aside the order dated 8th November, 1974 passed by the Industrial Tribunal.

(2.) The petitioner-company carries on business of manufacturing soft drinks and aerated waters at Bombay. The 1st respondent is a trade union representing the workers employed by the petitioner-company. One of such workers was Inderjit Singh (referred to here after as "the workman") who until his dismissal on 18th February, 1972, was in the employment of the petitioner-company as a driver-cum-salesman. On 30th November, 1971 the petitioner-company gave a show cause notice to the worker to which he gave his explanation on 2nd December, 1971. After the completion of preliminary inquiries by the petitioner-company. The workman was given a charge sheet dated 6th December, 1971 in respect of certain acts of misconduct, to wit, misappropriation. The date for holding the inquiry was fixed as 10th December, 1971. On 7th December, 1971, the workman wrote to the petitioner-company asking for copies of statements made by the checker and shipper of the petitioner-company, as also a copy of the statement of another employee one B. B. Singh in the petitioner-company. In reply, by its letter dated 9th December, 1971 the petitioner-company declined to furnish those statements and stated that all the persons who had made statements during the preliminary investigation would be produced and be examined in the presence of the workman before the enquiry officer and that the workman would be given full opportunity to cross examine each and every one of them. Thereafter, the departmental inquiry commenced on 14th December, 1971.

(3.) At this departmental inquiry, the workman not only participated but was assisted by one Joe Sanches, a co-worker. The evidence of the company's witness, Amrit Singh, Chaddha, as also the evidence of B. B. Singh, and other witness was led in the presence of the workman and Joe Sanches and they were subjected to cross-examination by Joe Sanches in the presence of the workman. The inquiry concluded on 5th January, 1972. On 12th February, 1972, the enquiry officer submitted his report and findings to the petitioner-company's Secretary. On 18th February, 1972, the company's general manager, after examining all the papers and records of the inquiry and the findings of the enquiry officer, and after taking into account the past record of the workman, ordered his dismissal from service with effect from 18th February, 1972.