R NARAYANAN Vs. MANAGEMENT OF SIVARAMN & CO

JUDGEMENT

(1.) Challenge in this writ appeal is to the order of the writ court, dated 08.03.2010 made in W.P. No.9544 of 2010, by which, the writ court, set aside the order of the Labour Court, Cuddalore dated 17.04.2010 made in C.P. No.88 of 1993.

(2.) Short facts leading to the filing of the writ appeal are that the appellant was employed as a clerk in the first respondent management; that his last drawn monthly salary was Rs. 810/-; that from 01.03.1992, the first respondent-management refused to give employment to the appellant; that the first respondent-management did not neither suspend nor remove the appellant from service; that the appellant was ready and willing to serve in the first respondent-management; that the appellant had not resigned his job; that the first respondent-management did not pay leave salary to the appellant for the months of January and February, 1992; that the first respondent-management has not paid the leave salary of the appellant for 12 days in 1991; that the appellant is entitled to receive monthly salary of Rs. 810/- from January, 1992 to February 1994 and also leave salary of Rs. 324/- for the year 1992 and that therefore, the appellant filed a claim petition in C.P. No.88 of 1993 before the Labour Court, Cuddalore, for a direction to the first respondent-management, to pay a sum of Rs. 21,384/- towards the wages under Section 33(c)(2) of the Industrial Disputes Act, 1947.

(3.) Before the Labour Court, Cuddalore, it was the case of the first respondent-management that the petitioner was serving as clerk in first respondent's petrol bunk. He was in-charge of sale of the petrol. On 09.01.1992, when the management checked the accounts, a sum of Rs. 585.20 alone was available as against a sum of Rs. 3,787.90 being the sale proceeds of the day and thus there was a shortage of Rs. 3,202.70. When the enquiry conducted on the same day, revealed that the appellant did not write accounts for the sale of 1500 litres of petrol and thus a sum of Rs. 25,815/- was misappropriated. When the stock verification was done, it was found that the appellant had not accounted for sale of 6100 litres of petrol, valued at Rs. 1,04,981/-. Even after 09.01.1992, the appellant served and received salary for January and February Months. From 02.01992 to 07.01992, the appellant went on leave and the same was extended up to 18.01992 by the appellant. A charge memo dated 18.01992 was served on the appellant on 20.01992.