C V THOMAS Vs. LABOUR COURT

JUDGEMENT

(1.) THE appeal is filed by the writ petitioner who during the pendency of the Writ Appeal expired and his legal heirs have been impleaded as additional appellants. The 1st appellant/writ petitioner while working as Head Clerk in the service of the

(2.) ND respondent was charge-sheeted for certain financial irregularities in connection with the supervision of the construction of a bungalow, which was entrusted to him. 2. After issuing charge-sheet, the matter was enquired into by an enquiry officer. On the basis of the findings in the enquiry, the Management dismissed him from service. The order of dismissal was challenged and initially, in the first round of litigation, this Court remanded the matter to the Labour Court. After remand, the Labour Court confirmed the findings of the enquiry officer. However, taking into consideration the fact that there was negligence on the part of the petitioner in maintaining the accounts causing loss to the management and on the finding that the petitioner had put in thirty years of long service, the dismissal was converted to discharge from service. The petitioner challenged the award of the Labour Court before this Court by filing the Writ Petition in which it is contended that no proper enquiry had been conducted into the allegations of misconduct and that the petitioner having not committed any theft or misappropriated the funds of the Company, should have been given all service benefits as if he had superannuated from service.

(3.) HAVING gone through the pleadings in this writ petition and having heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent, we do not feel that an interference is called for in respect of the judgment of the learned Single Judge.