NILGIRIS DISTRICT CONSUMERS CO OPERATIVE WHOLESALE STORES LIMITED UDHAGAMANDALAM Vs. APPELLATE AUTHORITY DEPUTY COMMISSIONER OF LABOUR COIMBATORE

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of certiorari, to call for the records of the first respondent connected with Tha.Ka. Thi.Sa.No. 10 of 1994 dated April 15, 1996 and to quash the same.

(2.) The second respondent/employee herein was proceeded with a departmental enquiry on the basis of two charges. The first charge relates to the alleged misappropriation of the amount, stock belonging to the Management causing a loss of Rs. 9,826.77 deficiency of stock and cash deposit of Rs. 1,636.69. Therefore, according to the Management the employee caused a total loss of Rs. 11,463.46. The second charge relates to the petitioner having approached the Labour Court for payment of subsistence allowance during the period of suspension. The petitioner was found guilty of the first charge and dismissed from service. Aggrieved by the same, the employee filed an appeal before the Appellate Authority under Section 41(1) of the Tamil Nadu Shops and Establishments Act, 1947.

(3.) The Appellate Authority found that the petitioner was not guilty of both and hence set aside the order of dismissal directing reinstatement of the second respondent. Hence the above writ petition by the Management.