Lalit Mohan Sharma, J. – By this writ application, the Management of the Cawnpur Sugar Works has challenged the Award as contained in Annexure ‘4’, of the Labour Court, Muzaffarpur, respondent no. 2

2. The respondent no. 3 was in the employment of the petitioner as a watchman. He was entrusted with the duty of guarding a god own belonging to the petitioner during the night hours and, according to the case of the Management, a theft of 19 bags of manure took place from the godown for which he was held responsible after a chargesheet was served on him and a departmental inquiry was made. Both the Management and the workman led evidence and the Enquiry Officer held the workman guilty all the basis of which the Management passed an ORDER :of dismissal us contained in Annexure 4. The workman objected to the ORDER :and after a futile attempt by the Conciliation Officer to resolve the dispute, the matter was referred under section 10 (1)(c) of the Industrial Disputes Act by the State Government. The parties led evidence and the Labour Court held that the domestic enquiry held by the Management was fair and proper. The Court further proceeded to examine the evidence led by the par