Judgement

HIDAYATULLAH, J. :- The present appeal arises from the award of the Presiding Officer, Labour Court, Andhra Pradesh, Hyderabad, by which the dismissal of one Subramaniam, van driver in the employ of the Firestone Tyre and Rubber Co. (P) Ltd. after a domestic enquiry was set aside and the Company was ordered to reinstate him but not to pay him his back wages. The Reference in which this decision was rendered was made by the Government of Andhra Pradesh on February 7, 1964. The following are the circumstances leading up to it.

2. Subramaniam was a van driver with the Firestone Tyre and Rubber Co. from 1953. One of his duties as a van driver was the transportation for delivery of the products of the Company. On June 18, 1963, Subramaniam set out to deliver tyres covered by six invoices to diverse addresses. Two of the invoices (Nos. 13815 and 13816) were concerned with eight tyres (4 tyres per invoice) of the specification 8.25 X 20 Tran. H.D.Nyl.12-PR. Subramaniam took delivery of the tyres and signed the six invoices. After locking the tyres in his van with a key which he claims never left his possession, he set out with one M. V. Das (packer/ scooter driver) by his side in