THE MANAGEMENT Vs. M.SHAMSUDEEN

JUDGEMENT

(1.) The case of the petitioner is that the petitioner society is duly registered under the Co-operative Societies Act. The first respondent was appointed as Salesman in the society in the year 1982. While he was in service, he was suspended on 30.12.1996 when he was working as Salesman at Trichy Cooptex Sales Showroom as he has committed serious irregularities including misusing old bill books for illegal monetary personal gains to the tune of Rs.7,13,335/-. The said amount was not credited in the Cooptex account. Further, the first respondent workman has also not properly issued the clothing destined to be given to the workers of the Trichirappalli Corporation and has misappropriated the amount and spoiled the reputation of the Cooptex Management and cheated the Management. Hence, he was issued with a charge memo on 05.06.1997. Thereafter, a second charge memo was issued on 10.07.1998 to the first respondent workman on the ground that there was a stock deficit to the tune of Rs.7,346/-. For both the charge-memo the first respondent submitted his explanation on 26.06.1997 and 25.07.1998.

(2.) Being not satisfied with the explanation offered by the first respondent, the petitioner decided to conduct a domestic enquiry and appointed one Mr.Durairaj, a retired Joint Registrar of Cooperative Societies, as Enquiry Officer. The enquiry was held on various dates, after due intimation to the first respondent and after participation and full-fledged enquiry, the Enquiry Officer drawn a proven minute on 14.05.1999 and the said Enquiry Report was furnished to the first respondent on 05.06.1999 and his explanation was called for. However, the first respondent failed to offer his explanation. Hence, the petitioner Management independently analysed the enquiry findings and came to the conclusion that the charges which are serious and grave in nature are proved. For proven charges, the petitioner Management issued a second show cause notice on 24.04.2002 to the first respondent and the first respondent submitted his explanation on 14.05.2002. After considering his explanation, the petitioner management passed an order of dismissal against the first respondent on 05.08.2002. Simultaneously, a criminal case was also lodged against the first respondent and after the investigation, the criminal case was taken on file as C.C.No. 588 of 1997 on the file of the Judicial Magistrate II. However, the said criminal case has ended in acquittal.

(3.) As against the order of dismissal, the first respondent raised an Industrial Dispute in I.D.No.35 of 2003 on the file of the Labour Court, Trichy under Section 11A of the Industrial Disputes Act with a prayer to reinstate the first respondent with all service and monetary benefits. The Labour Court in the ID proceedings, raised a preliminary issue as to whether the domestic enquiry conducted was in free and fair manner. The Labour Court held that the domestic enquiry conducted free and free manner and following the principles of natural justice. The Labour Court passed award on 04.08.2010 wherein it is held that the charge of misappropriation has not been proved, however, the charge of tampering and misusing old bill books for illegal monetary personal gain has been proved. However, the Labour Court proceeded to interfere with the quantum of punishment awarded to the first respondent by the petitioner managemnet on the ground that the family members of the first respondent died in TSUNAMI. Accordingly, the Labour Court set aside the order of dismissal passed by the petitioner Management and has granted continuity of service for the purpose of calculation of terminal benefits and has turned down the reinstatement and back-wages as the first respondent has already attained the age of superannuation. Against which the present Writ Petition is filed.