THE MANAGEMENT MOTHER DAIRY Vs. ARVIND KUMAR ARORA

JUDGEMENT

(1.) The management of Mother Diary (hereafter "Mother Diary") appeals a decision of the learned single judge, dismissing its writ petition. Mother Diary had, in its writ petition, challenged an award whereby the Labour Court set aside the penalty of dismissal imposed upon the workman/first respondent.

(2.) The workman was recruited by Mother Diary and was working in its employment from 1984 on a monthly salary of Rs.1,600/ -. He was eventually promoted as Senior Superintendent (Marketing) and the last drawn salary was Rs.7,500/ - per month. On 19.11.1999, the petitioner was suspended; later on 27.11.1999, he was served with a chargesheet which alleged that he (1) opened a Current Account with a Bank in the fictitious/pseudonymous name of "Arun Kumar" and had dealings with Mother Dairy in connection with milk supply to the Insulated Container and secured pecuniary benefits. This was a "grave act of misconduct of engaging in private work or trade for profit to personal gain while still in the service of the Dairy, Clause 20(b) x." (2) The workman signed two agreements and obtained two cheques in the name of "Arun" and committed misconduct under Clause 20(b) xxviii. (3) The workman signed agreements dated 07.09.1998 and 07.09.1999 in connection with the Insulated Container as "Arun" (in Hindi) and also signed as one of the witnesses in respect of the said agreements; thereby he misrepresented the facts to Mother Dairy and committed a grave act of misconduct with bad faith towards the employer/Dairy, under Clause 20(b) xxxiii. Similarly a fourth head of charge was that in view of these, the workman had "committed a grave act of misconduct of fraud and dishonesty in dealing with the Dairy's business. Clause 20 (b) iii."

(3.) The Mother Diary appointed one Mr. M.G. Sharma as Enquiry Officer. On 03.12.1999, the Management wrote a letter to the Chief Manager, Indian Bank, Nehru Place Branch, requesting it to provide photocopies of the account opening form duly filled in by the person, namely, Arun Kumar along with photograph so produced by the said person at the time of opening Bank Account No.2738. After completion of enquiry, the workman was found guilty in the report dated 15.04.2003; the Mother Dairy dismissed him from service on 22.07.2003. He consequently, raised an industrial dispute, which was referred for adjudication by the Labour Court, after efforts at conciliation failed. The Mother Dairy also lodged a First Information Report, alleging that the workman had committed an offence punishable under Sections 419/420/468/471 of the Indian Penal Code (IPC).