KRISHNAMURTHY S/O CHANDRASHEKARAIAH Vs. THE MANAGING DIRECTOR MYSORE SUGAR COMPANY LTD. SUGAR TOWN, MANDYA DISTRICT-571402

JUDGEMENT

(1.) PETITIONER - workman has called in question the award dated 4.9.2010 in Reference No. 139/2000 produced at Annexure -P and also an order on fairness of enquiry dated 20.8.2005 produced at Annexure -N. Facts, which are not in dispute, are that, an article of charges dated 29.11.1993 was served on the petitioner alleging that the petitioner has misappropriated an amount to the tune of Rs. 56,965.25 paise interalia alleging that, the petitioner being a Clerk -cum -Cashier was engaged in collection of the amount from various sources. On 3rd and 4th September 1993, he had collected an amount of Rs. 1,66,472.50 paise. Though he was required to deposit the said amount on the next day of collection, however, he did not deposit the said amount till 10th September 1993 and when he deposited the said amount, he deposited only Rs. 1,09,500/ - short of Rs. 56,965.25 paise. Petitioner - workman gave a reply to the said charge interalia admitting that, he had collected an amount of Rs. 1,66,472.50 paise and has also admitted that, he had only deposited Rs. 1,09,500/ -. However, his explanation is that, one B. Nagaraju, Unit in -charge took Rs. 37,100/ - on 6.9.1993 for purchase of spirit. Further, Rs. 5,000/ - was spent towards coffee, breakfast and lunch and Rs. 6,650/ - spent towards lorry hire charges, as such, the entire money is accounted.

(2.) BEFORE the Enquiry Officer, though the petitioner appeared and he did cross -examine MW -1, however, he did not choose to lead any evidence or did not choose to participate in the enquiry thereafter.

(3.) ON the question of victimization, the Management relied on the evidence of MW -1 - Nagaraju against whom petitioner has alleged that, he had collected Rs. 37,100/ -, however, said Nagaraju has denied of having received any amount from the petitioner. Petitioner has not disputed that, he had collected Rs. 1,66,472.50 paise by way of collection on 3rd and 4th September 1993. It is also not disputed by the petitioner that, what was deposited was only Rs. 1,09,500/ -, however, the explanation of the petitioner was that, he had given Rs. 37,100/ - to Nagaraju - MW -1 and he also spent Rs. 5,000/ - towards coffee, breakfast and lunch and Rs. 6,650/ - towards lorry hire charges.