MANAGING DIRECTOR A P DAIRY DEVELOPMENT CO OPERATION FEDERATION LTD Vs. PRESIDING OFFICER ADDITIONAL INDUSTRIAL TRIBUNAL CUM LABOUR COURT

JUDGEMENT

(1.) Both the Writ Petitions are disposed of by a common order.

(2.) The petitioner-Management i.e. theManaging Director, A.P. Dairy Development Co-operative Federation Ltd. filed W.P. No.18845 of 2003 and the petitioner- workman viz. T.G.Koteswara Reddy filed the W.P.No.23036 of 2003 against the Award dated 21-1-2003 in I.D.No.54 of 2001 on the file of the Additional Industrial Tribunal-cum- Additional Labour Court, Hyderabad. Both the Writ Petitions were filed against the I.D.No.54 of 2001. The Management filed the said Writ Petition questioning the Award passed by the Labour Court directing the Management to reinstate the workman i.e. petitioner in W.P.No.23036 of 2003 into service with continuity of service and attendant benefits and further directing to refund an amount of Rs.74,482/- which was recovered towards the shortage of molasses. The petitioner-workman filed the said Writ Petition aggrieved by the Award passed by the Labour Court in sofaras it went against him with regard to non-payment of back wages.

(3.) The petitioner in W.P.No.23036 of 2003 viz. T.G.Koteswara Reddy joined the service of A.P. Dairy Development Coop. Federation Limited in the year 1973 and he was posted as Godown Assistant at Feed Mixing Plant, Gadwal of Mahaboobnagar District. While he was working as Godown Assistant at Feed Mixing Plant, Gadwal one Mr. Quasimuddin Siddiqui, the then Manager of Feed Mixing Plant, Gadwal, retired from service on 31-3-1995. One V. Ramalingam, Manager, MCC, Mahaboobnagar was kept in-charge of Feed Mixing Plant, Gadwal. During that period, the petitioner-workman in W.P.No.23036 of 2003 i.e. T.G. Koteswara Reddy, Godown Assistant was looking after the operations of the plant. The said T.G. Koteswara Reddy was also posted as Manager of Feed Mixing Plant, Gadwal on 1-6-1995 and functioned there up to 1-7-1995. Thereafter, he joined as Deputy Director, Mahaboobnagar Milk shed. On verification of the stocks on 7-7-1995, it was found that there was shortage of certain materials particularly 65 tonnes of molasses. Sri V. Ramalingam was in charge manager and he handed over the full charge to K.Prabhaker, regular Manager. The Regular Manager verified the stock again on 18-7-1995 in the presence of in-charge manager and found the said shortage of molasses. It is further stated that for the shortage of molasses, an amount of Rs.74,482/- was paid by the workman on 17-7-1995 towards the cost of 65 tonnes of molasses.