MANAGEMENT OF TAMIL NADU Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE second respondent was working as Salesman under the appellants since 25th June, 1983 on a monthly salary of Rs.150/-. THE Manager took charge from him on 21st June, 1985 and his services were terminated on the same day. Being aggrieved, the workman moved before the Labour Court, Vellore in I.D. No.1146 of 1993. THE Management appeared, filed the counter statement and contested the case. While the Management pleaded that the workman was a Trainee Salesman on a monthly stipend of Rs.150/-, it was alleged that during inspection on 19th May, 1985 by the Regional squad, the Management found shortage of cash and shortage of following commodities:-

(2.) THE workman took specific plea that when the Manager took charge from him on 21st June, 1985, the date on which his services were terminated, the Manager inspected the shop and there being no shortage, informed the workman that he could go and get another posting from the Regional Manager. THEreafter, no posting order was issued. So, he had to request for reinstatement. It was specifically pleaded that no charge sheet was issued or served no enquiry Officer was appointed workman was not given any opportunity to refute any charge or defend him and without giving any such opportunity, his services were terminated.