NARAYAN HIRAJI THANEKAR, INDIAN INHABITANT Vs. ADMINISTRATOR MAHARASHTRA RAJYA MACHBIMAR SAHAKARI SANGH LIMITED

JUDGEMENT

(1.) The first respondent is a co-operative society registered under the Maharashtra Co-operative Societies' Act, 1960, and is under the control of an Administrator appointed by the State Government on 1st June 1968.

(2.) The petitioner was employed by the Society oh 1st November 1950. On 26th and 28th August 1970 the petitioner was served with show cause notices alleging that the Society's fish, of which he was in charge, had been sold at an undervalue. An Inquiry Officer, one Tanksale, was appointed to go into the charges against the petitioner. An inquiry was held. Pursuant to the report of Tanksale the petitioner was dismissed from the first respondent's service on 16th June 1972.

(3.) An industrial dispute was raised and was referred to the labour court on 27th February 1973. The Labour Court made an award on 26th may 1980 substituting the order of dismissal for an order of discharge simpliciter and rejecting the petitioner's plea for reinstatement with back wages. It is this award which is challenged in the writ petition.