C.A.VAIDIALINGAM, J.

(1) THIS appeal by special leave, is directed against the judgment and order dated 17/01/1966 of the High court of Assam and Nagaland, in Civil Rule 201 of 1965 quashing the award dated 3/03/1965 of,the Labour court of Assam in Reference 98 of 1961, in and by which the Labour court had set aside the order dated 19/04/1960 of the management terminating the services of the workman B. N. Tfiakur.

(2) THE workman was employed as the Head Godown Clerk in the first respondents engineering godown in Sadar office. He was mainly responsible for receipts and issue of stores from the engineering godown of the Company; and accocding to the management, he was holding a position of trust and responsibility. On 12/03/1960 the Manager of Rungagora Tea Estate had sent a lorry to Saldar office to collect certain stores for the garden. The said lorry was being driven by a garden lorry driverJamiruddiii. When the driver was collecting stores from the engineering godown, the workman who was at that time the Head Godown Clerk instructed the former is take three used pulleys, belonging to the Company in the lorry and to drop them at, M/s Sharma and Compan