Judgement

ALAGIRISWAMI, J .:- This is an appeal by special leave against the award of the Labour Court Poona, directing the reinstatement of the respondent in the service of the appellant company.

2. The respondent was a watchman in the factory of the appellant at Chinchwad, Poona. A domestic enquiry was held against him in respect of an incident on the night of 15-16 December 1963 and following the enquiry he was dismissed from service on the 7th January 1964. His appeal was dismissed after a personal hearing by the appellate authority. Section 2A of the Industrial Disputes Act came into force on 1st December1965 and on 23rd June 1967 a reference was made by the Government of Maharashtra regarding the dismissal of the respondent to the Labour Court, Poona, and the Labour Court held that the domestic enquiry held against the respondent was defective, that the charge against the respondent had not been made out and directed him to be reinstated.

3. There were four charges framed against the respondent in the domestic enquiry.They were:

(1) Suspected dishonesty in connection with the company s property.

(2) Gross negligence in performance of his duties.

(3) Disobedience of instructions gi