MANAGEMENT COIMBATORE DISTRICT CONSUMER CO-OPERATIVE WHOLESALE STORES LIMITED COIMBATORE Vs. DEPUTY COMMISSIONER OF LABOUR/APPELLATE AUTHORITY

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner for issuance of Writ of Certiorari to quash the order No. TNSE-2/2009, dtd. 21/5/2010 passed by the first respondent.

(2.) Brief facts of the case are as follows:- According to the petitioner, the 2nd respondent was working as Salesman for the period from April 2006 to July 2006 in Solaiyar Dam, Power House, and Manapalli Ration Shops under the Establishment of Coimbatore District Consumers Cooperative Wholesale Stores Limited, Coimbatore. While he was working, the 2nd respondent had siphoned off the essential commodities meant for public distribution to the tune of Rs.1,37,090.30. Pursuant to the same, charges were framed against him on 9/2/2006, domestic enquiry was conducted by the Enquiry Officer. During the enquiry, the deficit stock was reported by way of Ex.M5. The Head of the Society had arrived at the amount and reported it for recovery. Based on the above charges, the second respondent-workman was suspended from service on 25/11/2006

(3.) According to the petitioner, the 2nd respondent admitted during the enquiry that he had remitted a sum of Rs.15,000.00 on 10/5/2006; Rs.7,000.00 on 12/5/2006, and Rs.10,148.75 on 1/8/2006 by way of valid receipts. The second respondent during the domestic enquiry, stated that, he will remit another sum of Rs.27,276.20, but, he did not produce any receipt or he did not pay the said amount Rs.27,276.20, as assured by him before the domestic enquiry. The total outstanding siphoned amount was Rs.1,37,090.30.