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