JANATHA BAZAR SOUTH KANARA CENTRAL CO OPERATIVE WHOLE SALE STORES LIMITED Vs. SECRETARY SAHKARI NOUKARARA SANGHA

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties exhaustively.

(3.) The question involved in these appeals is - Whether High Court was justified in confirming the order passed by the Labour Court reinstating the respondents-workmen with 25% back wages in spite of specific finding of fact that the charges of breach of trust and misappropriation of goods for the value given in the said charges had been clearly established. Apparently, it would be an unjustified direction to reinstate an employee against whom charge of misappropriation is established. A proved act of misappropriation cannot be taken lightly even though number of such misappropriation cases remain undisclosed and such employees or others amass wealth by such means. In any case, misappropriation cannot be rewarded or legalised by reinstatement in service with full or part of back wages.