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2001 Supreme(MP) 562

S.RAJENDRA BABU, S.N.VARIAVA
Kanhaiyalal Agrawal – Appellant
Versus
Factory Manager, Gwalior Sugar Co. Ltd. – Respondent


Advocates:
Dr. T.N. Singh, S.K. Gambhir, N.R. Chaudhary, J.P. Pandey,
Abhijit Bhattacharjee, A.K. Sharma, A. Sinha and A.K. Sanghi for parties.

JUDGMENT

Rajendra Babu, J. -- 1. These two sets of cases are cross-appeals filed by the management of the Gwalior Sugar Company Limited and their workmen.

2. The workmen were charged that on 9.2.1979 when Kanhaiyalal Agrawal was on duty on trailer weigh bridge of the factory gate from 2 a.m. to 10 a.m. in collusion with Harihar Giri, centre-in-charge, Ramesh Chandra Savita, Harihar Sharma, Devi Ram Rajak, Dedaram, C.P. Madan, Hari Singh, Umeshchandra and Narendra Singh conspired to allow one trailer sugarcane requisition slip No. 5999, in the name of Chatura for bringing sugarcane by bullock cart at Sunwai depot on false payment slip No. 14964 wrote gross weight 46.70 and did help him in making payment of Rs. 373.1 paise without the arrival of sugarcane in the Company for their respective benefits and each of the workmen was dismissed after inquiry. Applications were filed by them before the labour Court challenging their termination from service.

3. In the case of Kanhaiyalal Agrawal, the labour Court came to the conclusion as follows:

"In the present case, the applicant is working on the post of weighment clerk and he has contravened the prescribed procedure and in collusion with





















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