THE MANAGEMENT OF CHITHODE FARMERS SERVICE COOPERATIVE SOCIETY LTD. REP. BY ITS SPECIAL OFFICER CHITHODE Vs. THE LABOUR COURT SALEM

JUDGEMENT

(1.) Heard the learned counsel for the appellant/Society and the learned counsel representing the 2nd respondent/workman.

(2.) The order of the learned Single Judge passed in W.P. No.11275 of 2009 dated 14.09.2011 is challenged in this writ appeal by the appellant/petitioner/Society, wherein, the appellant sought to quash the order of the Labour Court dated 12.01.2009 made in I.D.No.406 of 2004.

(3.) It is seen from the records that the second respondent/workman, while working as Accountant in the appellant/society, on the allegation that he had falsified loan accounts for a total sum of Rs.6,92,000.00 without the knowledge of the respective deposit holders, was issued with a charge memo by the President of the Society and a domestic enquiry was conducted against him. The Enquiry Officer gave his findings on 01.02.2000 and on its basis, the 2nd respondent herein was dismissed from service on 28.02.2001. Aggrieved by the said dismissal order, the second respondent/workman filed a Revision Petition under Sec. 153 of the Tamil Nadu Cooperative Societies Act, 1983. The Revisional Authority, by his order dated 18.06.2002, allowed the revision on the ground that since major penalty was imposed, it must be consistent with the principles of natural justice and since principles of natural justice was not adhered to, the order of dismissal was set aside and direction was issued to the management/society to proceed from the stage in which the defect had crept in.