M RAJAGOPAL Vs. PRINCIPAL LABOUR COURT

JUDGEMENT

(1.) THE appellant was working as a Salesman in a Fair Price Shop run by the second respondent. On the allegation that the appellant has caused loss to the society to the tune of Rs.12,870/-, he was placed under suspension w.e.f 30.08.1988. THEreafter, a charge memorandum was issued to him on the same allegations. THE appellant submitted his explanation denying the charges. Having not satisfied with the same, an Enquiry was ordered and the same was held. THE appellant participated in the enquiry. On completing the enquiry, the Enquiry Officer submitted a report holding the charges proved. Accepting the said report, the management passed a final order on 03.04.1989, dismissing the appellant from service w.e.f 30.08.1988. Challenging the same, the appellant raised an industrial dispute in I.D.No.419 of 1989. Before the Tribunal, no witness was examined on either side. On the side of the second respondent/management, as many as 10 documents were exhibited. On considering the materials, the Tribunal by award dated 18.02.1992, dismissed the case of the appellant and confirmed the dismissal. Aggrieved by the same, the appellant filed W.P.No.3983 of 1993. A learned single Judge of this Court by order dated 05.02.2001 dismissed the writ petition. However, the learned single Judge in the said order has issued the following direction:-

(2.) WE have heard Mr.AR.L. Sundaresan, learned Senior Counsel appearing for the appellant and Mr.N. Umapathy, learned counsel appearing for the respondents.

(3.) WE have considered the rival submissions.