The Labour Court further ordered for companytinuity of their service by imposing penalty of stoppage of 5 increments with cumulative effect and for fixing their pay on the basis of imposition of such penalty from the date of their dismissal till the date of reinstatement.
The Labour Court companysidered the documentary evidence produced by the Management the audit report for the relevant period from 1.7.1977 to 30.6.1978 the admissions of the indicted workmen who deposed that the goods were sent to their companynters for sale by means of supply slips and the fact that they have number accounted for the shortage of goods numbericed, the value of which is given in the audit report, and recorded the finding that the charges of breach of trust and misappropriation of the goods entrusted to them of the value given in the charges have been clearly established.
Being aggrieved by the companymon order passed by the learned Single Judge, both the parties filed Writ Appeals No.
By companymon judgment and order dated 18.9.1998, the writ appeals were dismissed.
Against the award of the Labour Court, both the parties filed writ petitions before the High Court of Karnataka.
As stated above, the learned Single Judge and the Division Bench in writ appeals companyfirmed the findings given by the Labour Court that charges against the workmen for breach of trust and misappropriation of funds entrusted to them for the value mentioned in the charge sheet had been established.
8795 of 1996 and 1954 of 1997 before the Division Bench of the High Court.
Hence, these appeals by special leave.
Shah, J. Leave granted.
Thereafter, the employees Union raised an industrial dispute and on 26.6.1981 a reference was made by the Government to the Labour Court, Managalore, under Section 10 of the Industrial Disputes Act, 1947 hereinafter referred to as the Act in I.D. No.45/1981.
In the award passed by the Labour Court, there is a thorough discussion of the evidence adduced by the Management and the Workmen and sufficient reasons are given in support of the finding that the charges alleged against the workmen are proved.
