D.N. Patel, J.

This Letters Patent Appeal has been preferred by the original petitioner, who preferred W.P. (L) No. 2185 of 2010. The said writ petition was preferred, challenging the award passed by the Labour Court, Jamshedpur in Reference Case No. 23 of 1997 dated 19.12.2009. The Labour Court, Jamshedpur, while passing the award, had set aside the order of dismissal, passed by the disciplinary authority and the workman was ordered to be reinstated with 50% back wages and continuity in service. This award was challenged in the writ petition, which having; been dismissed, the original petitioner has preferred the present Letters Patent Appeal.

2. FACTUAL MATRIX

Respondent was working as a Pharmacist in the hospital owned, managed, controlled and run by this appellant.

On 15.05.1992, when the general shift duty of the respondent was completed and he was going out of the gate of this appellant, as a routine checking, the scooter of the respondent-workman was checked and it was found that he was carrying unauthorizedly 30 tablets of Voveran, 80 tablets of Norflox and 1200 gm Bleaching Powder.

On the basis of the aforesaid allegations, charge-sheet was issued to this respondent-deli