K.ANBALAGAN Vs. SPECIAL OFFICER

JUDGEMENT

(1.) This Writ Petition is filed challenging the award passed by the Labour Court, Cuddalore in I.D.No.22 of 2005, dtd. 6/10/2010. By the said award, the Claim Petition, filed by the workman under Sec. 2A(2) of the Industrial Disputes Act, 1947 claiming reinstatement with back wages and continuity of service, stood rejected.

(2.) The brief factual background, in which the Writ Petition arises, is that the workman joined the first respondent management in the year 1981 as a Salesman. While so, in the year 2003, he was placed under suspension. Thereafter, he was served with a charge memorandum on 29/9/2003. When the stock was verified, there was a shortage of stock worth Rs.9,378.30 ps. It is alleged that the workman had misappropriated the sale proceeds. A Domestic Enquiry was conducted and in the Domestic Enquiry also, the petitioner did not give any explanation to the charge. In the Domestic Enquiry, it was found that the charge is proved.

(3.) When the Domestic Enquiry was conducted, the petitioner appeared before the Domestic Enquiry Officer and admitted the guilt and gave an undertaking that he will not commit such mistakes in future. On the basis of the express admission made by the workman, the Domestic Enquiry Officer returned the finding of the guilt. Thereafter, a second show-cause notice was issued, for which also, there was no explanation by the workman. Ultimately, the order of dismissal from service was passed on 21/1/2004. Aggrieved thereby, the workman raised a dispute. The conciliation did not yield any settlement.