MANAGEMENT OF M M NEYTHALUR PRIMARY AGRICULTURAL CO OPERATIVE BANK LTD Vs. PRESIDING OFFICER LABOUR COURT TIRUCHIRAPALLI

JUDGEMENT

(1.) THIS writ petition has been filed by the management challenging the award of the labour Court (first respondent herein) passed in I. D. No. 46 of 1996 dated October 6, 1997.

(2.) THE brief facts necessary for disposal of the writ petition are that during the period of employment of the second respondent as attender in-charge of stock of fertilizers and pesticides, it was found that there was a deficit of stock to the tune of Rs. 29,506. 30. According to the management, the second respondent misappropriated the said amount and to conceal the same, he made wrong entries in the register. The said allegations being serious misconduct, the second respondent was placed under suspension by order dated december 17, 1994, pending enquiry. On the basis of the inspection, a memo was issued on september 7, 1994, followed by another memo on September 20, 1994. The second respondent submitted his explanations on September 29, 1994 for both the memos. A regular charge memo was issued on February 13, 1995 wherein six charges were framed against the second respondent, which are as follows:

(3.) THE Enquiry Officer submitted his report on August 1, 1995 in which the charges except charge No. 5 were held to be proved. The enquiry report was analysed by the management and the management came to the conclusion that the proved five charges were grave in nature and a provisional conclusion was arrived at to dismiss the second respondent from service. A second show cause notice was issued on September 16, 1995 and the second respondent was also personally heard. Since the explanation submitted for the second show cause notice as well as during personal hearing were found not acceptable, the proposed penalty was confirmed and an order of dismissal was passed on December 16, 1995.