MANAGING DIRECTOR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) These Writ Petitions have been filed both by the Workman and the Management, challenging the Award dated 22.10.2012 made in I.D.No.35 of 2010.

(2.) For the sake of brevity, the parties would be referred to by their original nomenclature in the Award dated 22.10.2012 as 'the Workman' (in W.P.No.11103 of 2013) and 'the Management' (in W.P.No.5698 of 2013) and the facts are also being taken from the said Award.

(3.) The case of the Workman is that he joined the Management as Daily Rated Salesman on 09.09.1974 and was appointed on regular basis as Salesman Grade III on 21.01.1977 and thereafter, promoted to various cadres. The further case of the Workman is that he had rendered 25 years of unblemished service and unfortunately, he was placed under suspension and was issued a charge sheet for two allegations, namely, 1) he had signed an invoice for purchase of certain commodities and obtained commission from the grocery dealer without knowledge of the manager and 2) there was a stock deficit on various occasions. Yet another charge deals with his misconducts for the period between 1974 and 1998 and the Management has averred that the Workman caused loss to the assets of the stores and failed to maintain integrity and devotion to duty, thereby, committed a serious misconduct and therefore, as per the Regulations governing the service condition of the Workman, he was placed under suspension on 22.03.2004 and the charge sheet was issued on 01.07.2004.