https://www.taxtmi.com/caselaws?id=243990 A finding of theft cannot stand where the only proved fact is recovery of chocolates from a workman's bag and there is no evidence that the items were stolen, no shortage from stock, and no complaint of theft. Mere possession, especially after disclosure that the chocolates were in the bag before search, was insufficient to establish misconduct. The domestic enquiry finding was therefore based on no evidence and was perverse, and the labour court award sustaining dismissal could not survive. The dismissal was set aside, with reinstatement and 40% back wages. en-us Mon, 05 Mar 2012 00:00:00 +0530 Sat, 15 Feb 2014 15:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=243990 A finding of theft cannot stand where the only proved fact is recovery of chocolates from a workman's bag and there is no evidence that the items were stolen, no shortage from stock, and no complaint of theft. Mere possession, especially after disclosure that the chocolates were in the bag before search, was insufficient to establish misconduct. The domestic enquiry finding was therefore based on no evidence and was perverse, and the labour court award sustaining dismissal could not survive. The dismissal was set aside, with reinstatement and 40% back wages. Case-Laws Indian Laws Mon, 05 Mar 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=243990