LAWS(DLH)-2019-7-113

CENTRAL WAREHOUSING CORPORATION Vs. MADAN MOHAN

Decided On July 03, 2019
CENTRAL WAREHOUSING CORPORATION Appellant
V/S
MADAN MOHAN Respondents

JUDGEMENT

(1.) The petitioner has challenged the award dated 04th August, 2015 of the Labour Court whereby the Court set aside the order dated 09th July, 1980 of compulsory retirement of the respondent and granted full back wages with all consequential benefits to the respondent till the age of superannuation.

(2.) The respondent was working as a Daftary with the petitioner and he was charged for serious misconduct vide charge sheet dated 28th November, 1975. As per the charge sheet, the respondent attempted to obtain fraudulent payment from the petitioner on the basis of a forged sanction order dated 02nd June, 1975 and he lacked integrity. The respondent remained absent from duty from 16th June, 1975 to 13th July, 1975 without any leave application/intimation to avoid police investigation in the matter. The statement of imputation of charges against the respondent are reproduced hereunder:

(3.) The petitioner conducted an inquiry against the respondent which resulted in the inquiry report dated 10th December, 1976 holding the charges leveled against the respondent as proved. The inquiry report was furnished to the respondent, who submitted his reply dated 11th July, 1977 challenging the validity of show cause notice dated 13th June, 1977. On considering the reply, the disciplinary authority remitted the matter to the inquiry officer on 30th May, 1977 and the inquiry officer recorded the evidence of the petitioner.