THE MANAGEMENT VI. SPL.112, NAGAVEDU PRIMARY AGRICULTURAL COOPERATIVE BANK LTD., NAGAVEDU, ARAKKONAM TALUK, VELLORE DISTRICT Vs. THE PRESIDING OFFICER, LABOUR COURT, VELLORE, VELLORE DISTRICT

JUDGEMENT

(1.) The petitioner is the Management of a Primary Agricultural Cooperative Bank and the challenge in this Writ Petition is to the award of the Labour Court, Vellore in I.D.No.252 of 1997, dated 14.02.2002, being a dispute raised by the second respondent against his non-employment. In this Writ Petition, the petitioner shall be referred to as the Management and the second respondent as the Workman.

(2.) The Workman was appointed as a Salesman by order dated 19.12.1978, in a fair price shop, established and administered by the Management for distribution of essential food articles under the Public Distribution System. During 1983, the Workman was promoted as Clerk and in 1992, further promoted as Cashier. On 23.12.1992, the Workman was placed under suspension on the allegation that he has misappropriated the funds of the Management Society and a notice in this regard, was issued to him to repay the misappropriated amount.

(3.) It is the case of the Management is that the Workman accepted his guilt and paid the misappropriated amount in two instalments on 23.12.1992, a sum of Rs.10,000/- and on 30.12.1992, a sum of Rs.1,055/-. It is thereafter, a charge memo was issued on 10.03.1993, for which the Workman submitted his reply on 14.05.1993. Not being satisfied with the reply/explanation, the Management appointed an enquiry officer to conduct a domestic enquiry, who had submitted a report on 31.08.1993, holding that the charges have been proved. Second show cause notice was issued on 28.09.1993, for which the Workman submitted his reply on 07.10.1993 and not being satisfied with the reply, the Workman was removed from service by order dated 30.04.1996. The revision petition filed by Workman against such order was dismissed by the Revisional Authority by order dated 14.05.1996. Subsequently, the Workman submitted an appeal memorandum to the President of the Management society and the President constituted a sub-committee to probe into the entire episode and based on the report submitted by the sub-committee on 10.09.1997, the Management entered into a settlement under Section 18(1) of the Industrial Disputes Act, 1947, (I.D. Act) and he was issued an order of appointment on the same date, but the same was not implemented in spite of the Workman written representation, dated 03.11.1997, he raised a dispute before the Labour Officer, for which a reply was sent by the Management and ultimately, Workman moved the Labour Court by raising a dispute which was taken on file as I.D.No.252 of 1993. The Labour Court adjudicated the matter and considered the oral and documentary evidence placed before it and passed an award dated 14.02.2002, directing the Workman to be reinstated with continuity of service and 75% back wages. Challenging the same, the Management has filed this Writ Petition.