R.KUMAR Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Aggrieved by the Award dated 21.06.2011 passed by the 1st Respondent/Labour Court, Coimbatore in I.D.No.342 of 2003, the Petitioner has come up with the present Writ Petition, seeking to quash the same and for a consequential direction to the 2nd Respondent to reinstate him with continuity of service, back wages and all other attendant benefits.

(2.) According to the Petitioner, he joined the service of the 2nd Respondent/Management as Mazdoor, in the year 1997 and his service as Mazdoor, was regularized by the 2nd Respondent on 10.12.1987. He was promoted to the cadre of Junior Assistant on 23.06.1995. During the year 2002, while the Petitioner was working as Junior Assistant in the Marketing Section at the Head Quarters of the 2nd Respondent/Management, he exposed the financial irregularities of the then Managing Director of the 2nd Respondent/Management, to the District Collector, and hence, he was placed under suspension, on 15.03.2002.

(3.) Pursuant to the order of suspension, the Petitioner was furnished with a Charge Memo dated 22.04.2002, containing eight charges, alleging that, he had committed misappropriation of Rs.37,025.82, under different heads, and he failed to report for duty at the transferred place and misbehaved with the then Managing Director of the 2nd Respondent/Management. Denying the charges, the Petitioner submitted a detailed explanation dated 24.04.2002 to the 2nd Respondent/Management. However, without considering the explanation submitted by the Petitioner, a domestic enquiry was conducted, and the Enquiry Officer submitted his Report dated 03.06.2002, by holding that all the charges against the Petitioner were proved. The Petitioner's explanation dated 28.06.2002 to the second Show Cause Notice dated 10.06.2002, was also summarily rejected by the then Managing Director, and by an order dated 18.09.2002, the Petitioner was terminated from service.