MANAGER Vs. BHALCHANDRA BABULAL WANI

JUDGEMENT

(1.) By way of these two petitions, the petitioners have challenged the order dated 30th December 1994 passed by the learned Judge of the Labour Court, Jalgaon, in Complaint (ULP) No. 22/1988, and the order dated 22nd September 1999 passed by the learned Member of the Industrial Court, Jalgaon, in Revision Application (ULP) No. 184/1999 (27/1995) and Revision Application (ULP) No. 226/1999 (62/1995).

(2.) Writ Petition No. 707/2000 has been filed by the employee, whereas Writ Petition No. 587/2000 is filed by the employer. For the sake of convenience, the parties shall be hereinafter referred to as "employer" and "employee", respectively.

(3.) The employee herein was working as Depot Incharge of Vadji Depot. It is the contention of the employee, that his services were terminated with effect from 2nd January 1988. Being aggrieved thereby, a complaint being Complaint (ULP) No. 22/1988 was filed by the employee. It was the contention of the employee that he was initially appointed as Clerk, thereafter as Cashier, thereafter as Accountant and thereafter as Incharge of the said Depot. It is the case of the employee that on 13th November 1987, statements were recorded by the Chairman of the Managing Committee, Member of the Managing Committee, and Manager of the employer / Society under coercion, that the employee had indulged into misappropriation. A notice was thereafter sent on 27th November 1987 seeking explanation of the employee, as to why criminal complaint should not be filed against him. The employee submitted his explanation. Subsequently show cause notice was issued to him on 26th December 1987 and the termination order was issued on 2nd January 1988.