9911796707
TMI Blog2001 (9) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... sh Chandra Savita, Harihar Sharma, Devi Ram Rajak, Dedaram, C.P. Madan, Hari Singh, Umeshchandra and Narendra Singh conspired to allow one trailer sugar cane requisition slip No. 5999 in the name of Chatura for bringing sugar cane by bullock cart at Sunwai Depot on false payment slip No. 14964 wrote gross weight 46.70 and did help him in making payment of Rs. 373.1 paise without the arrival of sugar cane in the company for their respective benefits and each of the workmen was dismissed after inquiry. Applications were filed by them before the Labour Court challenging their termination from service. In the case of Kanhaiyala Agrawal, the labour court came to the conclusion as follows :- In the present case, the applicant is working on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dure. Due to this reason his faith is correctly lost from applicant and on the basis of evidence, which has come in the case, basis of loss of faith of non-applicant from applicant is proved. Therefore, it is not proper to award relief of reinstatement in the citation of 1990 Lab. I.C. 995 (Dayaram & Ors. vs. The Gwalior Sugar Company Ltd. & Anr.), applicant is entitled to get half salary with full returning allowance from the date of dismissal from service till the date of this order. And, in case of Chandra Prakash Madan the labour court held as follows :- In the present case, applicant was working on the post of checking clerk and he contravened the prescribed procedure and in collusion with other colleagues on wrong slip and from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act with the object of causing damage to employer, witnesses of employer has told that weighment slip is prepared at mill gate. But according to the witnesses of employer actually sugarcane is not weigh at the gate of mill. Therefore, some other instances of this type also on the basis of which it will not be proper to draw inference of dishonesty towards employees. Learned Presiding Officer of Labour Court has not held the employee guilty of misappropriation of money. I agree with this conclusion. In the opinion of Labour Court employee had done the act of causing damage to employer knowingly employee has done any wrong proceeding with the object of causing damage to employer and fulfilment of his self interest. I agree with this argument ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... et the ends of justice and, therefore, upheld the order made by the Industrial Court. Against that order of the learned Single Judge writ appeals were preferred by both the Management and the Workmen. The writ appeals were, however, dismissed on the basis that they were not maintainable inasmuch as the same arose out of proceedings under Article 227 of the Constitution which is revisional in nature. In the appeals before us the order made by the Division Bench of the High Court is in challenge. So far as the law on the matter is concerned as to whether an appeal would lie against an order made in writ petition before the High Court challenging an order of the lacour court, this Court in its decision in Lokmat Newspapers Pvt. Ltd. vs. Shank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed upon the facts arising in the case. Substantial contention on the merits of the case by the employer in these appeals is that the finding of loss of confidence in the employee by the labour court has been reversed in appeal by the Industrial Court on unreasonable grounds. What must be pleaded and proved to invoke the aforesaid principle is that (i) the workman is holding a position of trust and confidence; (ii) by abusing such position, he commits acts which results in forfeiting the same; and (iii) to continue him in service would be embarrassing and inconvenient to the employer or would be detrimental to the discipline or security of the establishment. All these three aspects must be present to refuse reinstatement on ground of lo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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