# HECKETT ENGINEERING CO v. WORKMEN

- **Citation:** [1978] 1 S.C.R. 693
- **Court:** Supreme Court of India
- **Decided:** 1977-10-11
- **Case number:** Civil Appeal No. 1346 of 1977
- **Bench:** N. L. Untwalia, lASWANT SINGH
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/heckett-engineering-co-v-workmen-7307
- **Pages:** 8

## Headnote

693
Industrial Disputes Act, 1947-Section IO-General Clauses Act, 1897-
.Section l6-Disn1issal by a person lower tllan the appointing authority-Stand·
ing Orders-Construction of.
The respondent workman was appointed a permanent driver by the appellant
employer. The respondent while driving the truck of the appellant·company met
with an accident. The appellant called upon the respondent to show cause why
disciplinary action should not be tciken against him for the following acts of
misconduct :
( 1) Due to rash and negligent driving of the truck, it was involved in
a serious accident.
(2) The respondent picked up 4 unauthorised passengers to travel in the
truck.
(3) The respondent allowed one of the unauthorised passengers to drive
the truck.
A
B
c
( 4) Respondent suppressed true facts in his report of accident submitted
D
to the appellant and gave a false statement.
The respondent submitted his explanation which was found to be unsatisfactory.
Thereafter the domestic enquiry \\'as held.
In the domestic enquiry
lt was found that all the 4 charges were established against the workman. On
receipt of report of the domestic enquiry the Plant Manager passed an order
dismissing the respondent.
After the conciliation failed the Government of
West Bengal referred the question "whether the dismissal was justified ?", under
s. 10 of the Industrial Disputes Act.
The Tribunal on consideration of the
E
evidence Came to the conclusion that the appell.ant had been able to establish
·charges No. 2 and 3.
The Tribunal, however, set aside the order of dismissal
·on the ground that it had not been passed by the authorised person observing
that the appointment order of the respondent showed that the Qeneral Manager
was the appointing authority and that it was signed by the Plant Manager acting
·on behalf of the Gene·ral Manager.
Allowing the appeal by special leave,
HELD: (I) The finding of the Tribunal that the Plant Manager of the
F
Company had no authority to pass the impugned
order cannot be sustained.
Under the standing orders appointment of permanent workmen could have been
made by the Plant Manager. it was the Plant Manager who actually passed the
appointment order.
Although, in the printed .appointment order where General
Manager is mentioned the word 'General' was not deleted, a glance at
the
appointment order shows that the Plant Manager did not sign on behalf of the
'General Manager. There is nothing on the record to indicate that on the relevant date the General Manager of the company was away on leave or was
otherwise absent and the Plant Manager was deputed to officiate or act for or
G
on behalf of the General Manager. The Plant Manager has categorically affirmed that he has been holding the office of the Plant Manager for 10 vears.
[697 F-H, G98 A'-B]
(2) The standing order 32 which is declaratory of the over-all power of the
companv does not put any fetter on the power of the Plant Manager to dismiss
1he workman whose appointment made by him if he is guilty of a misconduct.
[699 A-Bl
( 3) Whether or not section 16 of the General Clauses Act 1897. in terms.
H
applies to standing order No. 32 of the company which is certified under s. 5(3)
of the Industrial Emplo:vn1ent Standing Orders Act 1946 is a moot point but
1he general doctrine underlying the said sec. 16 can well be made applicable
I : I
694
SUPREME COURT REPORTS
[1978) ! S.C.R.
A
to. a case of the present natu~e, for the power to terminate service is necessary
_ _.;
ad1unct of the power of appointment and is exercised as an incident to or con-
\
B
c
D
sequence of that power.
Jn the present case appointment was made by the Plant Manager and the
power of appointment implies and carries with it the power of dismissal.
The
order of disn1issal does not suffer from any infirmity. [699 D--G]
Lckliraj Satra111das Lalvani v Deputy Custodiati.cuni-:\-1anaging Officer &
(Jr.\. [1968] 1 SC·R 120 and Kuroor Ven,!!ayil Ravarappari Nayanar v. Kutoor,
Vc11gayil ilfadhavi Amina <.~ Ors. [19

## Text

HECKETT ENGINEERING CO.
v.
WORKMEN
October 11, 1977
[N. L. UNTWALIA AND lASWANT SINGH, JJ.]
693
Industrial Disputes Act, 1947-Section IO-General Clauses Act, 1897-
.Section l6-Disn1issal by a person lower tllan the appointing authority-Stand·
ing Orders-Construction of.
The respondent workman was appointed a permanent driver by the appellant
employer. The respondent while driving the truck of the appellant·company met
with an accident. The appellant called upon the respondent to show cause why
disciplinary action should not be tciken against him for the following acts of
misconduct :
( 1) Due to rash and negligent driving of the truck, it was involved in
a serious accident.
(2) The respondent picked up 4 unauthorised passengers to travel in the
truck.
(3) The respondent allowed one of the unauthorised passengers to drive
the truck.
A
B
c
( 4) Respondent suppressed true facts in his report of accident submitted
D
to the appellant and gave a false statement.
The respondent submitted his explanation which was found to be unsatisfactory.
Thereafter the domestic enquiry \\'as held.
In the domestic enquiry
lt was found that all the 4 charges were established against the workman. On
receipt of report of the domestic enquiry the Plant Manager passed an order
dismissing the respondent.
After the conciliation failed the Government of
West Bengal referred the question "whether the dismissal was justified ?", under
s. 10 of the Industrial Disputes Act.
The Tribunal on consideration of the
E
evidence Came to the conclusion that the appell.ant had been able to establish
·charges No. 2 and 3.
The Tribunal, however, set aside the order of dismissal
·on the ground that it had not been passed by the authorised person observing
that the appointment order of the respondent showed that the Qeneral Manager
was the appointing authority and that it was signed by the Plant Manager acting
·on behalf of the Gene·ral Manager.
Allowing the appeal by special leave,
HELD: (I) The finding of the Tribunal that the Plant Manager of the
F
Company had no authority to pass the impugned
order cannot be sustained.
Under the standing orders appointment of permanent workmen could have been
made by the Plant Manager. it was the Plant Manager who actually passed the
appointment order.
Although, in the printed .appointment order where General
Manager is mentioned the word 'General' was not deleted, a glance at
the
appointment order shows that the Plant Manager did not sign on behalf of the
'General Manager. There is nothing on the record to indicate that on the relevant date the General Manager of the company was away on leave or was
otherwise absent and the Plant Manager was deputed to officiate or act for or
G
on behalf of the General Manager. The Plant Manager has categorically affirmed that he has been holding the office of the Plant Manager for 10 vears.
[697 F-H, G98 A'-B]
(2) The standing order 32 which is declaratory of the over-all power of the
companv does not put any fetter on the power of the Plant Manager to dismiss
1he workman whose appointment made by him if he is guilty of a misconduct.
[699 A-Bl
( 3) Whether or not section 16 of the General Clauses Act 1897. in terms.
H
applies to standing order No. 32 of the company which is certified under s. 5(3)
of the Industrial Emplo:vn1ent Standing Orders Act 1946 is a moot point but
1he general doctrine underlying the said sec. 16 can well be made applicable
I : I
694
SUPREME COURT REPORTS
[1978) ! S.C.R.
A
to. a case of the present natu~e, for the power to terminate service is necessary
_ _.;
ad1unct of the power of appointment and is exercised as an incident to or con-
\
B
c
D
sequence of that power.
Jn the present case appointment was made by the Plant Manager and the
power of appointment implies and carries with it the power of dismissal.
The
order of disn1issal does not suffer from any infirmity. [699 D--G]
Lckliraj Satra111das Lalvani v Deputy Custodiati.cuni-:\-1anaging Officer &
(Jr.\. [1968] 1 SC·R 120 and Kuroor Ven,!!ayil Ravarappari Nayanar v. Kutoor,
Vc11gayil ilfadhavi Amina <.~ Ors. [1949} FCR 667, relied on.
Hindustan Brown Bo1'l'ri Ltd. v. Their Wor!.:111en & Anr. [1968] (I)
LLJ
571 distinguished.
[The court left open to the \'i'Orkman, if so advised, to approach the company for substitution of the order of discharge with benefits of past
service for the impugned order of dismissal.]
CIVIL APPELLATE JURISDICTION : Civil Appeal
No. 1346
of
1977.
Appeal by Special Leave from the Award dated 26-3-77 of t~e
9th Industrial Tribunal, West Bengal, Durgapur in Case No. X-3<}
published under the Notification
No. 1624-I.R. I.R./IDL-84/77
dated the 29th April 1977.
Lal l\'arai11 Sinha, D. P. Ghosh and Sukumar Glwse for the appellant.
P. K. Chatterjee and Rathin Das for the respondent.
The Judgment of the Court was delivered by
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JASWANT SJNGH, J. This appeal by special leave is directed against
an award dated March 26, 1977 of the Ninth Industrial Tribunal,
Durgapur, made in case No. X-39/75 and pnblished vide Notification
No. !624-1.R., dated April 29, 1977 issued by the Labour Department of the Government of West Bengal.
The appellant, M/s Heckett Engineering Company (India Branch)
F
Burnpur !West Bengal) (hereinafter referred to as 'the Company") is
a division or branch in India of M/s Harsco Corporation, a limited
liability company 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 Steelworks of the ~ndian Iron and Steel Company
Limited, Burnpur.
The workmen employed by the company are represented by Heckett Engineering Company (India Branch)
EmG
ployees' Union, Puranhut, Bumpur (hereinafter re>orred to as the
Union') which is recognised by the Company.
H
It appears that Mihar Majhi (hereinafter referred to as 'the workman') who was employed as a pennanent driver by the Company
was deputed on October 9, 1974, to carry some materials in Fargo
Truck No. WGH 6891 from its Burnpur plant to its Jamshedpur plant
and to bring certain other materials from Jamshedpur plant to Burnpur plant in the same truck.
One Shankar Kumar Gupta, an employee of a contractor workin.g for the Company, was asked by the
Company to accompany the workman on the aforesaid mission as a
•
HECKETT ENGG. co. v. WORKMEN (Jaswant Singh, J.)
695
l1elper.
After loading the truck with the materials which had to be
A
brought O\'er from Jamshedpur plant of the Company, the workman
accompanied by Shankar Kumar Gupta set off for Burnpur on October 12, 197.J.
While the truck was thus on its way back to Burnpur,
the workman stopped the truck near a tyre repairing shop a_t Chandil
to have a punctured tube repaired.
While leaving the said shop, the
workman picked up four strangers in the truck in contravention of a
circular of the Company forbidding the carriage of any unauthorised
8
person in any of its vehicles and resumed
his
backward journey tc
Burnpur.
At about 7.00 P.M. when the aforesaid truck driven by
the workman was going down a slqpe, 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
exteusive damage to the truck. Instead of reporting the matter to the
police, the workman w~nt to the residence of Mr. Bhattacharya, Chief
C
Accountant of the Company's plant at Jamshedpur, and told him that
the differential of the aforesaid truck in wh'ch 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.
The workman did not pay any heed to this advice
D
and left !or Burnpur where he verbally informed Mr. V. K. Balan, the
Plant l\fanager of the Company at about 6.00 P.M. on October
131974, that the aforesaid truck which was loaded beyond its carrying
c"-pacity l1ad met with an accident at a place two miles before Chandil
Check Post in consequence of his losing control thereof due to failure
of the brakes because of which the truck dashed against a wall 0£ a
culvert The Plant Manager directed the workman to submit a report
E
of the accident in writing at, the office.
Accomingly, the workman
made the report Exhibit 'S' (PH) on the following morning after gettinr; the same written by an office assistant named B. K. Gulmthakurata.
Thereupon the Plant Manager accompanied by the workman visited
the place of accident for verification of the incident and assessment of
the damage.
On Oc!ober 17, 1974, the Plant Manager vide his communication No. HB/CS/2311974 called upon the workman to show
F
cause why disciplinary action should not be taken against him for the
following acts of misconduct which fall within the purview of subclauses (o), (m) and (v) of Clause 3J(II) of the Standing Orders
of the Company which are certified under section 5 ( 3) of the Industrial Employment Standing Orders Act, 1946 and as held in_ Agra
Electric Supply Co. Ltd. v. Sri Alladin and Ors.(") bind the
Company as well as all its employees :-
r;
"I. Due to rash and negligent driving of Fargo Truck No.
WGH 6891 (PT-518-D) on 12th October, 1974 on your
way back to Burnpur, the truck was involved in a serious
accident.
2. You have picke~ up from Chandil four unauthorised passcn-
. gers to travel into th., said truck.
H
(1) [1970] I S.C.R. 808.
696
A
SUPREME COURT REPORTS
[1978] 1 S.C.R.
3. You have also allowed one of the unauthorised passenger
to drive the said truck.
4. You have suppressed the true facts in your report submitted on 14th October, 1914 and given a false statement
regarding the accident."
B
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. Accordingly, Mr. Das conducted a regular inquiry and found
'.
all the charges to have been established against the workman.
On
the receipt of the report submitted by Mr. Das, the Plant Manager
\
passed an odrer on November 6/7, 1974 dismissing the workman. On
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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, Asanso\.
As
the
conciliation proceedings proved abortive, the Government of West
Bengal referred the following issues under section 10 read with section·
2-A of the Industrial Disputes Act, 1947, to the Ninth Industrial Tribunal, Durgapur for adjudication.
D
"l. Whether dismissal of Shri Mihir Majhi, driver, is justified?
2. What relief, if any, is he entitled to?"
On a consideration of the material adduced before it, the Tribunal
while finding that the Company had been able to establish charges Nos.
2 and 3 against the workman held that the aforesaid order of dismissal
E
could not be upheld as it was not made by an authorised person.
The·
relevant portion of the order of the Tribunal is extracted
below
for
ready reference :
F
G
H
"Ext. 1 is the appointment card.
It shows that Shri Balan
signed the appointment card on behalf of the General Manager.
It goes to show that the General Manager was the
appointing authority and Mr. Balan only acted on his behalf.
Therefore, it cannot be said that Mr. Balan was the appointing authority.
Be that as it may, let me see whether under the Standing
Orders Shri V. Balan, the Plant Manager was competent to
dismiss an employee.
Ext. 0 is the copy of the Standing
Orders.
Para 32 of the Standing Orders contains the provision regarding the disciplinary action.
This para enjoins
that the Manager may appoint an officer to hold the enquiry.
It does not expressely set out as to who is to pass en order of
dismissal.
But in this para it has been enjoined that the
company may, however, at his discretjon award the o'ther
punishment mentioned in this para in lien of dismissal ..... .
Under clause 4(b) of the Standing Orders, a Manager includes the Plant Manager.
But it does not include or mean
the mmoanv because the definition of the companv is given
in clause 4(a) of the Standing Orders.
The definition of
l
'
HECKETT ENGG. co. v. WORKMEN (Jaswant Singh, J.)
69 7
the company docs not include either the General Manager or
the Plant Manager, who has dismissed the workman in question.
There is not (sic) scrap of paper to show that Mr.
Balan was authorised by the company to pass an order of dismissal. On the other hand, in para 32 of the Standing Orders
it has been clearly laid down that the company only has that
right. I am, therefore, of opinion that the order of dismissal
was not passed by a person authorised by the Standing Ord~rs.
ConsequenNy the order of dismissal cannot be upheld and the
workman is entitled to reinstatement."
Aggrieved by this order, the Company has come up in appeal to
this Court as stated above.
Appearing on behalf of the appellant, Mr. Lalnarayan Sinha has
urged that the Industrial Tribunal has erred in holding that charges
Nos. 1 and 4 had not been brought home to the workman. He has further urged that the appointment of the workman having been made by
Mr. V. K. Balan, the Manager of the Company's plant at Burnpur, the
latter was fully competent to dismiss the former and that the Industrial
Tribunal was not right in holding that the impugned order of dismissal
was passed by an unauthorised person.
A
B
c
Mr. Chatterji has, on the other hand, submitted that the findings
of fact arrived at by the Industrial Tribunal in respect of charges Nos.
2 and 3 are wholly unjustified.
He has further contended that the
order of appointment of the workman having been made by the General
Manager, the dismissal in question could not be eliected by an authority other than tJ:ie General Manager.
Mr. Chatterji has lastly submitted that the misconduct attributed to workman did not warrant the
E.
major penalt~ of dismissal.
We have ,gone through the entire record and have given our earnest
consideration to the submission made by learned counsel for the
parties. While we are of the view that there is no warrant for interfering with the findings of fact arrived at by the Tribunal with regard
to the establishment or otherwise of any of the charges against the
F·
workman which are based upon the evidence on the record, we think
that the other finding arrived at by it viz. that Mr. V. K. Balan, Plant
Manager of the Company, had no authority to pass the impugned
order of dismissal cannot be sustained. It would, in this connection,
be profitable to find out in the first instance as to who would make the
permanent appointment of the workman.
A plain reading of clause
5 (b) read with clause 7 ( d) of the Standing Orders shows that it was
G:
the Plant Manager of the Company who was competent to make the
appointment of the workman. That it was Mr. V. K. Balan who
actually made the appointment in question cannot also admit of any
doubt. This is crystal clear from the appointment card, Exhibit I(MH)
which is signed both by Mr. V. K. Balan as well as the workman.
Let us now see whether Mr. V. K. Balan, Plant Manager, acted for
H'i
or on behalf of General Manager of the Company in making or signing
the appointment card of the workman. A glance at the aooointment
card, Exhibit I(MH) is enough to show that Mr. V. K. Balan did not
c
D
E
F
G
H
698
SUPREME COURT REPORTS
[1978] 1 S.C.R.
sign the said card for or on behalf of the General Manager. It is true
that the prefix. "General" before the word "Manager" on the printed
card on which Mr. V. K. Balan put his signatures does no appear to
have been struck off at the time of the issue of the card but that by
itself is not enough to show that the appointment was made by
Mr. V. K. Balan acting for or on behalf of the General Manager of the
Company. There is nothing on the record t~ indicate that on the relevant date, the General Manager of the Company was away on leave
or was otherwise absent and Mr. V. K. Balan had been deputed to
officiate or act for or on behalf of the General Manager. On the contrary, in the course of his statement as O.P. witness, Mr. V. K. Balan
has categorically affirmed that he has been holding the office of the
Plant Manager of the Company for the last ten years. Thus neither the
Standing Orders nor the appointment card nor the statement of Mr.
V. K. Balan nor any other material on the record supports the observation of the Industrial Tribunal that "the General Manager was the
appointing authority and Mr. V. K. Balan only acted on his behalf.
The submission made on behalf of the workman that in signing his
appointment card, Mr. V. K. Balim acted for and on behalf of the
General Manager cannot be accepted for another reason also. If Mr.
Balan was coonpetent to make the appointnlent of the workman as we
have, by reference to the Standing Orders, shown that he was, there
could be no question of his acting for or on behalf of the General Manager in signing the appointment card. The contention advanced in this
respect on behalf of the workman is, therefore, repelled.
Havin~ settled that Mr. V. K. Balan, who was the Plant i'.\lanager
on the relevant date was competent to make the appointment of the
workman and it was he who actually made the crucial appointment in
that capacity, let us now advert to the question whether Mr. Ba\an was
competent to pass the impugned order of dismissal.
Mr. Chatterji has, by reference to St.anding Order Ko. 32 ef the
aforesaid Standing Orc!ers, stressed that it was only the Company wnich
was competent to pass the olrder of dismissal of the workman.
The
relevant portion of the Standing Order on whicn reliance is place runs
thus:-
"32 ....... A workman shall be liable to be swnmarily
dismissed without notice or pay or wages in lieu of notice if .
he is found guilty of any misconduct an:iounting to major misdemeanour.
A workman dismissed for misconduct will n<>t
be entitled to any past benefits or privileges of service provided by the Company. The Company may however at its
discretion give the workman concerned the following punishments in lieu of dismissal :
(i) Discharge from Service with past benefits of service.
(ii) Suspension without pay not exceeding fifteen days.
(iii) Censure or warning.
(iv) Withholdinl,'. increment for one year.
(v) Fine."
•
)
. ,
I
HECKETT ENGG. co. v. WORKMEN (Jaswant Singh,!.)
699
The Standing Order extracted above is not helpful to the workman.
It does not put any fetter on the power of the Plant Manager to dismiss
a workman whose appointment is made by him if he is guilty of a misconduct.
It only confers, in our opinion, an overall power on the
Company to substitute the penalty of discharge from service with past
benefits of service or any other lighter penalty specified therein for the
penalty of dismissal awarded to a workman and can by no means be
interpreted to imply that the penalty of dismissal can be inflicted only
by the Company and not by the Plant Manager. It is a well settled
rule of construction that the language of a provision or a rule should
not be construed in a manner which would do violence to the phraseology used therein. It is rather strange that the Industrial
Tribunal
has despite its observation that the above quoted Standing Order does
not expressly set out as to who is to pass an order of dismissal held that
the impugned order was not passed by a person authorised by the
Standing Orders. It may also be mentioned at this stage that appearing as a witness for the Company, Mr. V. K. Balan has unequivocally
stated that he was entitled to pass the order of dismissal against the
concerned workman under the Standing Orders and that he did not
need any delegation of powers for passing such order.
We may also in
this connection recall the provisions of
section 16 of the
General
Clauses Act, 1897, Whether or not the section in terms applies to the
aforesaid Standing Orders of the Company which are certified under
section 5 (3) of the Industrial Employment Standing Order Act, 1946
may be a moot point but the general doctrine underlying the section can
well be made applicable to a case of the present nature for it is now
firmly established that the power to terminate service is a necessary
adjunct of the power of appointment and is exercised a:s an incident to
or consequence of that power (See Lekhra; Satramdas Lalvani v. De·
puty Custodian-cum-Managing Officer & Ors.(1) and Kutoor Venw,yil
Rayarappan Nayanar v. Kutoor Vengayil Madhavi Amina & Ors (").
In Kutoor Vengayil Rayarappan Nayanar v. Kutoor
Vengayil Vl'iia
Madhavi Amma & Ors. (supra) Mahajan, J. (as he then was) speaking
for the Federal Court approved the statement of Woodroffe On Receivers, Fourth Edition, that the power to terminate flows naturally and as
a necessary sequence from the power to create. In other words, it is a
necessary adjunct of the power of appointment and is exercised as an
incident to, or consequence of that power; the authority to call such
officer into being necessarily implies the authority to terminate his
functions .
As in the instant case, the appointment of the workman was made
by Mr. V. K. Balan a·s a Plant Manager and not for or on behalf of the
General Manager and as the oower of appointment implies and carries
with it the power of dismissal, we are of the opinion that the order of
dismissal did not suffer from the infirmity of want of competence or
of authority to pass the order.
The decision of this Court in Hindustan Brown Boveri Ltd. v.
Their Workmen & Anr.(') relied upon by Mr. Chatterji in support of
(1) (196611 S.C.R. 120.
(2) [ 1949] F.C.R. 667.
(3) [1968] I L.L.J. 571.
8-951SCI/77
A
B
c
D
E
F
G
A
B
c
D
700
SUPREME COURT REPORTS
[1978] 1 S.C.R.
hfs contention that the Plant Manager was not competent to pass the
impugned order of dismissal is clearly distinguishable.
In that case,
despite the issue raised before the Labour Court as to whether the demotion of one workman and the termination of service of the other was
in order, the Company did not at the proper stage inform or contend
before the Labour Court that the Works Manager was empowered to
recruit and dismiss the workman by virtue of the power of attorney executed in his favour by the Company.
The judgment in that case also
does not show that the Works Manager was competent to appoint the
workman under the standing orders of the Company.
In conclusion, we would like to make it clear that as charges Nos.
2 and 3 have been held by the Industrial Tribunal to have been established against the workman and they con'stitute major misdemeanours
falling within the purview of sub-clauses (a), and (m) of clause (ii)
of Standing Order 31 of the aforesaid Standing Orders, we think that
the order of dismissal could have been passed by the punishing authority which in this case, as already stated, was the Plant Manager.
We
may also observe that it is not open to us to substitute the order of discharge with benefits of past service for the impugned order of dismissal.
The workman may, if so advised, approach the Company in this behalf.
For the foregoing reasons, we allow the appeal and set aside the
aforesaid award of the Ninth Industrial Tribunal.
However, in view of
the order of this Court dated June 1, 1977, the appellant shall pay the
costs of the appeal to the re·spondents.
P.H.P.
Appeal allowed.
'
)
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