MANAGER NEEDLE INDUSTRIES (INDIA) LIMITED Vs. R. BOJAN

JUDGEMENT

(1.) THIS Intra-Court appeal is preferred against the order dated 16.03.2012 in W.P.(MD)No.3362 of 2008, whereby learned judge directed the Management to pay a lumpsum compensation of Rs.2,00,000.00 in lieu of reinstatement and back wages and further directed the Management to credit the Provident Fund arrears to the Department for the aforesaid period.

(2.) THE appellant establishment is a Company incorporated under the Indian Companies Act and is manufacturing needles of all varieties in its factory at Ketti in the District of Nilgiris. It is having regional office and sales centres throughout the country. Respondent/ workman was appointed as Junior Clerk on probation by the appointment order dated 29.4.1971 and was confirmed as Junior Clerk by an order dated 2.5.1972 and subsequently he was promoted as Senior Clerk. In May, 1996, it was decided to upgrade the Sales Office at Madurai and the 1st respondent, being a Senior Clerk, was transferred to Madurai to work in the Madurai Sales Office.

(3.) APPELLANT came to know that while in service 1st respondent had taken the contract from the Government of Tamil Nadu for collecting toll money. In view of the continued absence of 1st respondent at Madurai from 10.6.1996, as well as the undertaking of employment by collecting toll, a charge memo dated 13.11.1996 was issued to the 1st respondent. Charges levelled against him were