V. RAJA GOPAL REDDY, J.

( 1 ) THE order of the learned single Judge in W. P. No. 1442 of 1989, quashing the award of the 1st respondent, Labour Court, and holding the 3rd respondent-appellant guilty for the misconduct of theft of cement and awarding punishment of stoppage of one increment with (sic. without) cumulative effect for three years, is under challenge in this Writ Appeal.

( 2 ) FEW facts need to be stated: the 3rd respondent-appellant was the Store-Keeper in the petitioner-lst respondent Management viz. , Bharat Heavy Electricals Ltd. , Hyderabad. There was some theft of cement bags on 5-1-1992. The appellant was suspected of the theft and was proceeded against by the Management. Accepting the enquiry officer s report, the disciplinary authority awarded punishment of withholding one annual increment with cumulative effect. The appellant moved the Labour Court by filing I. D. No. 130 of 1983. The Labour Court allowed both the parties to produce their evidence and on appreciation of the evidence, thus recorded on the side of the appellant/petitioner that there was no evidence to fasten any liability on the appellant for the alleged loss of cement and accordingly set aside t

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