That application was made without intimation to the management.
When the matter was thus pending companysideration the respondent seems to have written to the Government stating that it would be difficult for him to attend the Labour Court Dhanbad since he has been residing at Hajipur and it would be companyvenient for him if the case is trans ferred to Labour Court Patna.
The Government howev er, has acceded to the request of the respondent and without opportunity to the management transferred the case to Labour Court Patna.
He was accordingly dismissed from service.
From the Judgment and Order dated 7.10.1988 of the Patna High Court in C.W.J.C. No.
The Labour Court registered the case as refer ence case No.
K. Sinha and U.S. Prasad for the Respondents.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by JAGANNATHA SHETTY, J. Special Leave is granted.
4 of 1988 and issued numberice to the parties.
The parties entered appearance and filed their respective pleadings.
It is said that he was caught red handed when carrying 55 pieces of electromagnetic clutch plates kept companycealed in the tool box of his scooter.
The facts can be quite shortly stated The appellant companypany is mainly engaged in companystruction of companyl washeries on companytract basis in different companylieries and also doing allied and incidental work.
This appeal from an order of the Patna High Court raises an important question as to the scope of section 33 B of the Industrial Disputes Act, 1947 The Act .
4 was a Senior Supervisor in the companypanys establishment at Dhanbad.
The management held domestic enquiry into the incident and found him guilty of companymitting theft.
1102 of 1990.
Shivaji Prasad Sinha respondent No.
The dispute arising therefrom was referred under Section 10 1 c of the Act to Labour Court Dhanbad for adjudication.
2075 of 1988.
K. Sen, K.D. prasad, J. Krishna and Mrs. Naresh Bakshi for the Appellant.
