DISTT ADMINISTRATIVE COMMITTEE Vs. SECRETARY CUM G M

JUDGEMENT

(1.) Questioning the legality and validity of the Labour Court award dated 14th of November, 1996 published on 2nd of January, 1998, passed in Adjudication Case No. 181 of 1991, the present writ petition is at the instance of the employer. By means of the present petition, the petitioners have also challenged the legality and validity of the recovery proceedings initiated in pursuance of the impugned award and have also sought the quashing of the recovery certificate dated 11th of August, 1999 and the citation notice dated 16th of December, 1999. The facts which are not in dispute may be noticed in brief.

(2.) Shanker Prasad, respondent No. 5 herein (hereinafter referred as the respondent) was selected by U.P. Primary Agricultural Cooperative Credit Societies Centralized Service and was initially appointed as accountant. He was subsequently promoted to the post of secretary w.e.f. 3rd of February, 1977 and was finally posted under the control of District Administrative Committee Centralized Service.

(3.) The respondent was appointed as secretary in Sadhan Sahkari Samiti Limited, Markundi, Block Robertsganj, District Mirzapur vide appointment letter, a copy whereof has been annexed as Annexure-1 to the writ petition. He was transferred and was posted at Sadhan Sahkari Samiti Limited, Block Koan, District Mirzapur on June 11, 1980. His work was not found satisfactory and a complaint was lodged by the Chairman of Cheel Sadhan Sahakari Samiti Limited. A preliminary inquiry was conducted against him wherein it was found that the respondent has embezzled huge amount by making forged entries and allegedly distributed the same to the fictious persons. A First Information Report vide Case Crime No. 104 of 1981 under Section 409 of I.P.C was lodged with police station, Cheel, District Mirzapur. The respondent was placed under suspension vide order dated 20th of February, 1981 and after holding a departmental proceeding and serving a charge sheet dated 23rd of November, 1981, the services of the respondent were terminated as his reply was not found satisfactory and charges were found proved. The District Administrative Committee, Mirzapur vide resolution 2 Kha dated 22.4.1984 decided to terminate the services of the respondent on the ground of misconduct and embezzlement of fund of the society and his services were terminated w.e.f. 26th of May, 1982. The respondent No. 5 after about nine years, approached the State Government disputing the legality and validity of the aforesaid termination order by raising an industrial dispute and the State Government in exercise of its power under Section 4K of the U.P. Industrial Disputes Act referred the following question for adjudication to the Labour Court, Varanasi: