ASHOK LEYLAND LIMITED Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Both the above writ petitions arise out of the order of the Labour Court, Madras in I.D.No.83 of 1986 dated 21.12.1993, one filed by the management and the other by the employee.

(2.) The employee joined the service of the company as an apprentice/machinist and at the time of dismissal from service, he was working as a checker in the stores of the management. According to him, his duties were to receive the materials from the suppliers, count them and keep them in the respective places in the open yard and sign the delivery challans. According to the management, he came to adverse notice of an alleged fraudulent act and he was issued with a charge sheet dated 6.9.1984 alleging as follows:-

(3.) Similar charges were also alleged against another co-employee/the Receipt Clerk on the same facts and as their explanations were not found to be satisfactory, an enquiry was conducted. The Enquiry Officer found the employee herein as guilty of the charges, but found that the Receipt Clerk was not guilty of the charges. According to the management, they had complied with all the requirements and also after duly considering the past record of the employee, dismissed the petitioner from service by letter dated 31.1.1985.