COOPETATIVE STORE LIMITED Vs. USHA KUMARI

JUDGEMENT

(1.) The appellant has filed this Letters Patent Appeal challenging the order dated 13-8-1990, passed by the learned Single Judge in Civil Writ Petition No. 362/81, setting aside the order of dismissal of the respondent dated 29.4.1977, after an enquiry and as confirmed by the Labour Court vide its award dated 27.11.1980. Learned Single Judge found the findings of the Labour Court with regard to the alleged "Pilferage and embezzlements" to be perverse and found the order of dismissal to be too harsh. However, the learned Single Judge held that the misconduct committed by the respondent was only an irregularity in the observance of departmental procedures. Learned Single Judge accordingly, held that it would meet the ends of Justice if the respondent in the appeal/petitioner in the writ petition, was given punishment of stoppage of three increments without future effect. He ordered the reinstatement in service of the respondent, with arrears of wages, allowances and other benefits.

(2.) On 20-9-1990 notice in the appeal was issued but limited to the question, "whether the respondent was entitled to back wages as ordered by the learned Single Judge." The order of the learned Single Judge to the above extent was stayed.

(3.) The respondent has since then been reinstated in service, but has not been paid full wages from the date of suspension till reinstatement, pending disposal of this Letter Patents Appeal.