Judgment

DAS GUPTA, J. : On January 1956 when a reference was pending before an Industrial Tribunal of a dispute between the Management of the Bangalore Wollen Cotton and Silk Mills Co., Ltd., the appellant in both the appeals and its workmen, an application was made by the Management under S. 33 of the Industrial Disputes Act for permission for discharge of Dasappa, the respondent in both the appeals. It was stated in the application that on an information being received that Dasappa had dishonestly removed property belonging to the Company a charge-sheet was framed against him and an enquiry held in which on a consideration of all the evidence the Manager came to the conclusion that the respondent was guilty of the charge made against him, which justified an order of discharge. This application was opposed by the Workers Union on behalf of the Respondent, Dasappa and it was stated that the allegation of theft made against Dasappa was false and that the finding of the Manager was arbitrary and opposed to the principles of natural justice.

2. The Industrial Tribunal on a consideration of the evidence of the witnesses examined by the Manager and also of two witnesses examined before