INDORE DUGDH SANGH Vs. K P SINGH

JUDGEMENT

(1.) This L.P.A. is directed against the Order dated 15-2-1995 of the learned single Judge of this Court, passed in M.P. No. 1270/91, whereby the order of the Labour Judge for reinstatement of the respondent No. 1 (here) with 50% back wages has been affirmed.

(2.) The brief history of the case is that respondent No. 1 was an employee with the appellant (here). It is alleged that he committed misconduct by dishonestly removing nearly 100 packets of milk, as such, Departmental Enquiry was held and a punishment of removal from service was imposed. Respondent No. 1 raised industrial dispute. The matter was decided by the Labour Judge. The Labour Judge modified the punishment of removal and directed reinstatement with 50% back wages. Both the parties (i.e. present appellants and respondent No. 1 (here) filed Writ petitions under Article 227 of the Constitution before the learned single Judge. The employee (respndent No. 1) filed M.P. No.1212/92 challenging deduction of half pay and prayed for reinsiatement with full back wages.Indore Dugdha Sangh (appellant here) filed M.P. No. 1270/91 Challenging the order specially the modification in the punishment passed by the Labour Judge. During the arguments: before the learned single Judge petition filed by the employee (respondent No.l) was not pressed.

(3.) "The learned single Judge disposed of M.P. No.1270/91 (petition filed by the appellant) with the observation that the payment made under Article 17-B of the Industsal Disputes Act shall be adjusted against 50% of back wages, as directed, and the petition was disposed of with these directions. Hence, this L.P.A.