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1986 Supreme(Bom) 358

R.A.JAHAGIRDAR
RAJESH DYEING AND BLEACHING WORKS (P) LTD. – Appellant
Versus
SAYED NOOR RAZVI – Respondent


Advocates Appeared:
For the Appellant : F.D. Damania, Nishita Mhatre and D.K. Ghaisas
For the Respondent: K.P.V. Menon

JUDGMENT :

R.A. Jahagirdar, J.

1. The facts in all these petitions are common and they should be mentioned before one proceeds to consider the questions arising in them separately. Rajesh Dyeing and Bleaching Works Private Limited, hereinafter referred to as "the company'", is engaged in the business of, as its name suggests, textile processing. Two workers, Saved Noor Razvi and Maniram Anantoo, were in the employment of the company. They were charged with acts of misconduct constituting (1) riotous and disorderly behaviour on the premises of the Undertaking and (2) commission of an act subversive of discipline and good behaviour on the premises of the establishment. They were charged with these acts of misconduct on the basis of an incident which took place on 22nd of May 1975 when both the workers were on duty.

2. It was the case of the company that at the time and on the day aforesaid Syed Noor Razvi was mixing a tablet containing narcotic substance with tobacco when the Security Officer, one Vijay Sahani, seized the same and put it in his pocket. Maniram, the other worker, grabbed the Security Officer and made an attempt to forcibly take out the tablet from his pant-pocket. The Se

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