Judgement

Bhagwati J. - This is an appeal by special leave from a decision of the Labour Appellate Tribunal of India, Calcutta, confirming an award made by the Regional Conciliation Board (Textiles & Hosiery), Kanpur in an industrial dispute between the Appellants and the Respondents.

2. Respondents 2, 3 & 4 were employees of the Appellants, Respondent 2 was employed in the clerical cadre while Respondents 3 and 4 were employed as wrapping boy and piecer respectively and their service conditions were governed by the standing orders of the Employers Association of Northern India, Kanpur of which Association the Appellants were members.

3. There was a theft in the canteen within the mill premises between the night of January 6 and 7, 1960 and some money belonging to the Appellants invested in the canteen account was stolen from the safe. A report of the theft was made to the police authorities and an investigation was made by the police as well as the Appellants in the matter with no result. The management of the Appellants thereafter took action against one J.P. Gurjar, who was in charge of the canteen in connection with the losses of money from the account of the canteen and after the completion of the enquires, terminated his services. An industrial dispute in respect of the non-employment of the said J. P. Gurjar arose between the parties which dispute was at the material time taken in appeal before the Industrial Court (Textiles & Hosiery), Kanpur.

During the pendency of those proceedings, some time in August 1950, Respondent 4 made a confession in regard to the said theft implicating Respondents 2 and 3 also therein. On 29-8-1950 the management of the Appellants presented to Respondents 2, 3 & 4 charge-sheets in respect of the said theft and suspended them on 30-8-1950 from their service. They also made an application on 2-9-1950 to the Additional Regional Conciliation Officer, Kanpur asking for permission to dismiss Respondents 2, 3 and 4. The Additional Regional Conciliation Officer, Kanpur instituted an enquiry, heard Respondents 2, 3 & 4, considered the evidence which was led before him by the Appellants as well as Respondents 2, 3 & 4 and made an order on 12-10-1950 according to the Appellants permission for the dismissal of Respondents 2, 3 & 4. Respondents 2, 3 & 4 were accordingly dismissed from their employ by the Appellants with effect from 13-10-1950.

4. An industrial dispute thereupon arose between the Appellants and Respondents 2, 3 & 4 in respect of the non-employment of Respondents 2, 3 & 4 and Respondent 1, a register made union of which Respondents 2, 3 & 4 were members ultimately moved the Regional Conciliation Board (Textiles and Hosiery), Kanpur on 1-11-1950 challenging the propriety and bona fides of the Appellants in terminating the services of Respondents 2, 3 and 4.

5. The Appellants filed their written statement on 25-11-1950 contending inter alia that the dismissal was fully justified, regular and proper having been made in accordance with the permission accorded by the Additional Regional Concilliation Officer. The only issue which was canvanced before the Regional Conciliation Board was whether any or all of the three workmen named in the application dated 1-11-1950 has/have been wrongfully dismissed and if so, to what relief is he/they entitled. The Board consisted of three members. Shri R. P. Maheshwari, Chairman, and Shri B. B. Singh and Shri J. K. Bhagat, Members. Shri J. K. Bhagat was not present on the last date of the hearing and the award was therefore signed on 20-4-1951 by Shri R. P. Maheshwari and Shri B. B. Singh. Under the terms of the award the Board held that the dismissal was wrongful and that Respondents 2, 3 & 4 were entitled to reinstatement as also to the full wages, including dearness allowance from the date of their suspension to the date they were taken back on duty.

6. The Appellants preferred an appeal to the Labour Appellate Tribunal of India, Calcutta. The appeal was heard on