MANAGEMENT THIRUMALAIPATY PRIMARY AGRICULTURAL O-OPERATIVE BANK LTD. Vs. PRESIDING OFFICER, LABOUR COURT SALEM AND ANOTHER

JUDGEMENT

(1.) This Writ Appeal has been filed by the appellant, who is the second respondent in the writ petition, challenging the order passed by the learned single Judge made in W.P.No.1623 of 2008, dated 29.06.2010, by which, the award passed by the first respondent has been set aside by reinstating the respondent No.2 without backwages.

(2.) The respondent No.2 was working as a salesman in the appellant's Society. Two separate charge memos were issued to the second respondent on 03.09.1999 and 25.09.1999. The charges are that of misappropriation, temporary misappropriation and falsification of records. An order of termination was passed against the respondent No.2 by the appellant on 01.04.2000. It was also confirmed by the respondent No.1 by dismissing the Industrial Dispute raised. The respondent No.2 filed a writ petition before this Court which was allowed in part, by ordering reinstatement without backwages. Challenging the same, the appellant has come forward to file this appeal.

(3.) The learned counsel for the appellant has submitted that sufficient opportunities were given before the domestic enquiry. The order of dismissal has been passed on a consideration of relevant materials. The respondent did not produce sufficient materials to prove his innocence. Hence the order of the learned single Judge is liable to be set aside.