V PANEERSELVAM Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The petitioner is a workman. He has filed the present writ petition, seeking to challenge the Award passed by the first respondent Labour Court in I.D.No.9 of 1995, dated 09.10.2000. By the impugned Award, the labour court rejected the dispute without granting any relief. The writ petition was admitted on 31.7.2001. On notice from this court, the second respondent management has filed a counter affidavit, dated 4.10.2001, justifying the Award. Since along with the writ petition, documents which are made available before the labour court were not filed in the form of typed set, this court by an order dated 24.2.2010, directed the Registry to summon the documents relating to the ID. Accordingly, they were summoned and circulated for perusal by this court.

(2.) The case of the petitioner was that he had joined the second respondent society as a sales man on 5.7.1980. He was in-charge of distributing commodities under Public Distribution System. 300 family ration cards were allotted to him. On 22.8.1992, there was a surprise check up from the Flying Squad. The Flying squad noted stock deficit to an extent of Rs.4491/-. The petitioner was placed under suspension. A notice, dated 16.9.1992 was given to the petitioner to remit a sum of Rs.11910/- being double the amount of the actual deficit. The petitioner paid the amount on 27.8.1992. Thereafter, a charge memo, dated 16.9.1992 was given to the petitioner.

(3.) It was alleged that the petitioner was a root cause for the loss of commodities to the value of Rs.4491/- and that he had sold those articles to the outside market. The petitioner was also guilty of selling kerosene to outside persons, thereby causing stock deficit. The employees were severely warned earlier by the Special Officer for indulging in such misconduct. An enquiry officer was appointed to go into the charges. A domestic enquiry was conducted on 23.12.1992 and 20.3.1993.