ALLEPPEY DISTRICT CONSUMERS WHOLESALE COOPERATIVE Vs. LABOUR COURT

JUDGEMENT

(1.) Petitioner in the Original Petition is the appellant, a Cooperative Society engaged mainly in the distribution of food grains and other rationed articles under the provisions of the Kerala Rationing Order. The dismissal of an employee of the Society (2nd respondent herein) was yet aside by the Labour Court in I. D. No. 116/1978 and the learned Single Judge declined to interfere in the said award. The appeal is against is judgment.

(2.) Briefly stated the facts of the case are 'that the 2nd respondent Sri P. B. Jacob was working as the Supervisory Assistant with the appellant Society. By Ext. P-2 proceedings dated 17th December 1976 he was transferred and posted as Branch Manager of Branch No. 17. The 2nd respondent took charge of the Branch and after attending the work till 31st December 1976 closed the Ration Shop in the forenoon of 31st December 1976, without making any arrangements for opening the Ration Shop on 1st January 1977. Finding the Ration Shop closed, the Taluk Supply Officer on inspection suspended the licence of the Society and it was cancelled by the Civil Supplies Department later. Disciplinary proceedings were initiated against the 2nd respondent and after conducting a domestic enquiry and finding him guilty, he was dismissed from service by order dated 17th June 1977. The appeal filed by the 2nd respondent before the Board of Management was also dismissed. Thereafter an industrial dispute was raised by the Alleppey District Consumers Wholesale Cooperative Employees Association representing the 2nd respondent and the Labour Court in I. D. No. 116/78 by its preliminary order dated 9th January 1980 found that the domestic enquiry was defective and thereafter taking evidence found the 2nd respondent guilty of dereliction of duty in not keeping the Ration Shop opened on 1st January 1977. But however, the Labour Court reduced the punishment from dismissal to that of stoppage of two increments by its award dated 31st May 1982.

(3.) As against the said award of the Labour Court the Management/Appellant filed O.P. No. 7427/82 and the 2nd respondent filed O. P. No. 9246/82 before this Court. By a common judgment dated 27th November 1984 the learned Judge stated that the question whether the posting of the 2nd respondent as Depot Manager was for a specific period and for a specific purpose assumes great importance in considering the question of guilty of desertion of post. If the answer is in the negative no punishment can be imposed on him and if the answer is in the affirmative the punishment of stoppage of two increments is grossly inadequate. Therefore, this Court set aside the award and directed the Labour Court to pass a fresh award to consider the question whether the posting of the 2nd respondent as Manager of Branch No. 17 was for a short period or not.