appearing for the respondent - Management submitted that, MW-1 made a complaint to the Management that, at 3.00 pm. on 15.02.1995, petitioner came to his chamber, used abusive language and assaulted him. This is reported by MW-1, in pursuance of which, an enquiry is held. The charge is that, on 14.02.1995 at 4.40 p.m., petitioner was not present in Godown Section and to prove the same, MW-1 has been examined, MW-1 in his evidence has stated that, he had asked the workmen in Godown section to unload the cotton bales, however, only three workmen had come, hence, he sent for the search for the other workman, it was reported that, petitioner was not present in the Godown. He further submitted that, Godown Section and Degam Section are within the periphery and there is nothing like workmen are assigned different duties, they are within the control and supervision of MW-1 and as such, they were all required to work in the Godown or in any other Section. It is proved that, 4.43 p.m. onwards, petitioner was not present and this is also evident from the evidence of WW-5, who in his cross-examination has admitted that, after 4.43
