ORDER

In CA No. 6339/94

This matter has come up by way of reference made by a Bench of three Judges to consider the correctness of the decision of this Court in Desh Raj Gupta v. Industrial Tribunal, IV, U.P. & Anr.1 With a view to appreciate the contention of the parties, it is necessary to record few relevant facts. While the respondent was working as a Dairy Helper-cum-Cleaner for collecting the milk from various centres, he was charged for the misconduct that on April 28, 1990 and on other dates, he inflated the quantum of the milk supplies in milk centres to the appellant-Corporation and also inflated the quality of the fat contents, while there were less fat contents. After conducting the domestic enquiry, the disciplinary authority dismissed him from service. On reference, the Labour Court found that the domestic enquiry conducted by the appellant was defective. Consequently, opportunity was given to the Management to adduce evidence afresh to justify the order of dismissal. Accordingly, evidence was adduced by the appellant as well as the delinquent-respondent. On consideration of the evidence, the Labour Court by its award dated November 14, 1990 held that the charge had bee