MANAGEMENT Vs. PRESDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The Petitioner has filed this writ petition seeking a Writ of Certiorari to call for the records relating to the impugned order of the first Respondent in his file I.D. No. 159/97 and quash the order dated 27.10.2004.

(2.) The Petitioner's/Society's object is to extend the financial assistance to its members at their need. They also grant jewel loan by means of mortgage of the jewels. For the maintenance of stock and accountance, a set of employees has been allotted with specific duties and responsibilities. The procedure for receipts and issues are backed by supporting vouchers, etc.

(3.) The case of the Petitioner/Society is that the second Respondent/employee has been serving as a clerk in the Petitioner/Society. He has been assigned with the pledged jewels on joint custody with the Secretary. As per the procedure, on receipt of the cash for redemption of jewels, the clerk has to make a note of the receipt in the jewel loan ledger with the help of the Secretary by using the other key after satisfying that the entries therein are tallying with each other. The second Respondent/employee as a custodian of the jewels has equal responsibility to look into the transactions carefully. It is impossible to do any mischief without the knowledge or connivance of the second Respondent/employee. The Special Officer of the Petitioner/Society on 27.12.1995, has verified the accounts and stocks of jewels and found that 33 items of jewels have not been in the stock. Whereas there is no entry in the respective books of accounts about the clearing of the loans.