TMI Blog1960 (2) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals. It was stated in the application that on an information being received that Dasappa had dishonestly removed property belonging to the Company a charge-sheet was framed against him and an enquiry held in which on a consideration of all the evidence the Manager came to the conclusion that the respondent was guilty of the charge made against him, which justified an order of discharge. This application was opposed by the Workers' Union on behalf of the Respondent, Dasappa and it was stated that the allegation of theft made against Dasappa was false and that the finding of the Manager was arbitrary and opposed to the principles of natural justice. 2. The Industrial Tribunal on a consideration, of the evidence of the witnesses exam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been contended that though there is a formal finding that no prima facie case of theft has been established against Dasappa the Tribunal has in coming to this conclusion disregarded the pronouncements of this Court in more than one case as regards the principles which should guide the Tribunals in such matters. 7. The case which the Manager found proved was that Dasappa who was on duty on the Company's Motor Van on December 23, 1955, was found coming out of the second main gate of the Hebbal Mills with a rug piece, a property of the Company, and then concealing it under the cushion of the Van. Direct evidence as regards this was given before the Manager by one Syed Ameer. According to him, his suspicions were aroused by the way ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve this witness and held that Dasappa was guilty of the theft. In deciding whether the permission to award the proposed punishment of discharge should be granted or not, it became the duty of the Tribunal to see whether in holding the inquiry the Management had been guilty of any unfair labour practice or victimization, whether principles of natural justice were observed and ultimately whether a prima facie case was made out on the evidence taken in the enquiry and the Management was acting bona fide. In. Lakshmi Devi Sugar Mills Ltd. v. Ram Sarup, (1957)ILLJ17SC this Court considered the scope of enquiry under Section 22 of the Industrial Disputes Act and observed : The Tribunal before whom such an application for permission is made un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... support of the same were believed. While determining whether a prima facie case had been made out the relevant consideration is whether on the evidence led it was possible to arrive at the conclusion in question and not whether that was the only conclusion which could be arrived at on that evidence. 10. The settled position in law there fore is that permission should be refused if the Tribunal is satisfied that the Management's action is not bona fide or that the principles of natural justice have been violated or that the materials on the basis on which the Management came to a certain conclusion could not justify any reasonable person in coming to such a conclusion. In most cases it will happen where the materials are such that no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Association it could be concluded that it was the respondent who kept the article underneath the cleaner's seat. The question was not whether this could be concluded but whether on the materials on the record any reasonable man could have come to the conclusion that this was true. After discussing the evidence in detail and saying that there was a break in the link in the chain of evidence in so far as the Management had not proved as to where articles of this type had been kept, it proceeded to observe further thus : We are prepared to observe that the Manager has acted bona fide in the conduct of the enquiry but we are of opinion that having regard to all the circumstances he might not have accepted the version of M. W. 2 . 12. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed in the decisions of this Court had been applied the Tribunal was bound to come to the con-elusion on the materials On the record that a reasonable man could come to the conclusion that Dasappa was guilty of theft and that the Management had acted bona fide. 14. The Tribunal has not recorded any finding that the principles of natural justice were not followed. It was faintly suggested by Mr. Jha on behalf of the respondent that the Management ought to have asked Dasappa whether he wanted to adduce any evidence and in so far as this was not done the principles of natural justice had been violated. It does not appear that at any time any complaint was made that Dasappa had not been given an opportunity to adduce evidence. A perusal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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