LAWS(DLH)-2017-7-63

DDA Vs. MOOL CHAND

Decided On July 21, 2017
DDA Appellant
V/S
MOOL CHAND Respondents

JUDGEMENT

(1.) This writ petition, filed by the DDA under Article 226 of the Constitution of India, assails (i) order, dated 3rd January, 2003 whereby the Labour Court had exonerated the respondent of the charges leveled against him by the management of the petitioner (hereinafter referred to as "the management") and (ii) consequential award, dated 5th March, 2003, passed by the Presiding Officer, Labour Court-I (hereinafter referred to as a "Labour Court") in Industrial Dispute No. 154/84, which held the respondent to be entitled to reinstatement in service with 50% back wages and continuity of service.

(2.) A brief recital of the facts would be necessary at the outset.

(3.) In June, 1980, the respondent was posted as Chowkidar with the petitioner. During the period he served as such, it is alleged that, on 14th June, 1980, 1221 G.I. Pipes of 15mm diameter, 54 G.I. pipes of 20mm diameter and 18 G.I. pipe of 32mm diameter, totally worth Rs.73,600/- were stolen from the store of the petitioner. An FIR was also registered. This resulted in the issuance, to the respondent, of a Statement of Imputation dated 23rd June, 1980, by the petitioner, alleging that the theft, which had occurred between 8.30 pm and 9pm on 14th June, 1980, had taken place by the breaking open the lock of the main gate and that, as the respondent was one of the security guards deputed for watch and ward of the godown during the said shift, he was guilty of "general laxity and sheer negligence". The respondent was, therefore, directed to show cause why disciplinary action be not initiated against him.