MANAGEMENT Vs. K.MANAVALAN

JUDGEMENT

(1.) The award dated 02.04.2014 passed in I.D.No.34/2012 is under challenge in the present writ petition.

(2.) The writ petitioner is the The Management, Kizhakavarapattu Primary Agricultural Co-operative Credit Society Limited. The learned counsel appearing on behalf of the writ petitioner made a submission that the first respondent has joined as a Salesman in the writ petitioner/Society on 07.02.1997. On 20.05.2008 a flying squad has inspected the premises and found that there was a stock deficit at the time of inspection. The first respondent/workman was placed under suspension on 12.06.2008 and on 20.04.2008, a charge memo was issued. The delinquent employee submitted his explanation on 12.08.2008. Thereafter, the domestic enquiry was ordered. The Domestic Enquiry Officer conducted an enquiry by affording an opportunity to the first respondent/workman and he participated in the domestic enquiry and admitted the guilt and availed the full opportunity.

(3.) The learned counsel appearing on behalf of the petitioner reiterated that the first respondent/workman admitted the guilt before the Enquiry Officer and repaid the loss occurred. The first respondent/workman paid a sum of Rs.33,839.72/- for the shortage of deficit stock on 11.08.2008. The statement was recorded and the Enquiry Officer submitted his report holding that the charges leveled against the first respondent are true. Thereafter, the first respondent was dismissed from service on 15.06.2009. The first respondent raised an industrial dispute in I.D.No.34/2012 and the said dispute was allowed by the Labour Court on 02.04.2014, against the said award, the present writ petition is filed.