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1962 Supreme(SC) 34

K.N.WANCHOO, A.K.SARKAR, P.B.GAJENDRAGADKAR
Management Of U. B. Dutt And Company Private LTD. – Appellant
Versus
Workmen Of U. B. Dutt And Company (Private) LTD. – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, JANARDAN SHARMA, T.V.R.TATACHARI

Judgment

WANCHOO, J. : This is an appeal by special leave in an industrial matter. The brief facts necessary for present purposes are these. The appellant is saw-mill carrying on business in Kozhikode in the State of Kerala. One Sankaran was in the employ of the appellant as a cross-cutter. It IS said that on June 21, 1958, Sankaran came drunk to the mill and abused the Engineer, the Secretary and other and threatened them with physical violence. He was caught hold of by other workmen and taken outside. It is said that he came again a short time later at 4-30 p.m. and abused the same persons again. Thereupon the appellant served a chargesheet on Sankaran on June 24, 1958 setting out the above facts and asked him to show cause why his services should not be terminated on account of his grave indiscipline and misconduct. Sankaran gave an explanation the same day denying the allegations of fact made against him, though he admitted that he had come to the mill at the relevant time for taking his wages for that week. On June 25, 1958 Sankaran was informed that in view of his denial, a departmental inquiry would be held and he was also placed under suspension pending inquiry. The same day











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