On the receipt of the report submitted by Mr. Das, the Plant Manager passed an order on November 6/7, 1974 dismissing the workman.
You have suppressed the true facts in your report submitted on 14th October, 1974 and given a false statement regarding the accident.
Appeal by Special Leave from the Award dated 26 3 77 of the 9th Industrial Tribunal, West Bengal, Durgapur in Case No.
Instead of reporting the matter to the police, the workman went to the residence of Mr. Bhattacharya, Chief Accountant of the Companys plant at Jamshedpur, and told him that the differential of the aforesaid truck in which he was carrying magnet and other material belonging to the Company and which was being driven by him broke down on the road at about 7.00 P.M. a few miles after Chandil due to overloading whereupon Mr. Bhattacharya advised the workman to go and see the Works Manager of the plant at Jamshedpur.
While leaving the said shop, the workman picked up four strangers in the truck in companytravention of a circular of the Company forbidding the carriage of any unauthorised person in any of its vehicles and resumed his backward journey to Burnpur.
1 1970 1 S.C.R. 808.
At about 7.00 P.M. when the aforesaid truck driven by the workman was going down a slope, it dashed violently against a wall of a culvert at a place about two to three kilometres from Chandil check post within the jurisdiction of Nimdih police station resulting in extensive damage to the truck.
NGGH 6891 from its Bumpur plant to its Jamshedpur plant and to bring certain other materials from Jamshedpur plant to Burnpur plant in the same, truck.
After loading the truck with the materials which had to be brought over from Jamshedpur plant of the Company, the workman accompanied by Shankar Kumar Gupta set off for Burnpur on October 12, 1974.
While the truck was thus on its way back to Burnpur, the workman stopped the truck near a tyre repairing shop at Chandil to have a punctured tube repaired.
WGH 6891 PT 518 D on 12th October, 1974 on your way back to Burnpur, the truck was involved in a serious accident.
1 bind the Company as well as all its employees Due to rash and negligent driving of Fargo Truck No.
The workman did number pay any heed to this advice and left for Burnpur where he verbally informed Mr. V. K. Balan, the Plant Manager of the Company at about 6.00 P.M. on October 13.
The Plant Manager directed the workman to submit a report of the accident in writing at, the office.
K. Chatterjee and Rathin Das for the respondent.
Accordingly, Mr. Das companyducted a regular inquiry and found all the charges to have been established against the workman.
1974, that the aforesaid truck which was loaded beyond its carrying capacity had met with an accident at a place two miles before Chandil Check Post in companysequence of his losing companytrol thereof due to failure of the brakes because of which the truck dashed against a wall of a culvert.
The Judgment of the Court was delivered by JASWANT SINGH, J. This appeal by special leave is directed against art award dated March 26, 1977 of the Ninth Industrial Tribunal, Durgapur, made in case No.
One Shankar Kumar Gupta, an employee of a companytractor working for the Company, was asked by the Company to accompany the workman on the aforesaid mission as a helper.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It appears that Mihar Majhi hereinafter referred to as the, workman who was employed as a permanent driver by the Company was deputed on October 9, 1974, to carry some materials in Fargo Truck No.
X 39 published under the Notification No.
1624 I.R., dated April 29, 1977 issued by the Labour Department of the Government of West Bengal.
You have also allowed one of the unauthorised passenger to drive the said truck.
1624 I.R. R. IDL 84/77 dated the 29th April 1977.
The workmen employed by the companypany are represented by Heckett Engineering Company India Branch Employees Union, Puranhut, Bumpur hereinafter referred to as the Union which is recognised by the Company.
Not satisfied with the explanation tendered by the workman, the Plant Manager deputed Mr. M. M. Das, the then Personal Officer of the Company, to hold a domestic inquiry into the above mentioned charges.
X 39/75 and published vide Notification No.
Lal Narain Sinha, D. P. Ghosh and Sukumar Ghose for the appellant.
1346 of 1977.
The appellant, M s Heckett Engineering Company India Branch Burnpur West Bengal hereinafter referred to as the Company is, a division or branch in India of M s Harsco, Corporation, a limited liability companypany incorporated and registered in U.S.A. It carries on the business of recovery of iron and steel scrap from slags at its plant located within the Steel works of the Indian Iron and Steel Company Limited, Burnpur.
On, being apprised of the order of his dismissal, the workman approached the Union which raised an industrial dispute whereupon the matter was referred for settlement to the Conciliation Officer, Asansol.
You have picked up from Chandil four unauthorised passengers to travel into the said truck.
