BHARAT CHANDRA GHOSH Vs. CHAIRMAN COAL INDIA LTD

JUDGEMENT

(1.) Writ petitioner was a clerk in Coal India Limited. He was charge-sheeted on September 25, 1985, inter alia, for misappropriation of money amounting to Rs. 2931. 94 by drawing fictitious bills. That the amount of Rs. 2931.94 covers three bills i.e. bill for Rs. 1407.77 drawn in favour of one Shri Narayan, Loco Driver; Rs. 1256.83 drawn in favour of one Kati Maji, Driller and Rs. 267.34 drawn in favour of Bodi Kora.

(2.) It appears from the deposition of Shri Kumar an officer of Coal India Limited that the first two amounts had been drawn by the respective employees whereas the third amount had been deposited as unclaimed.

(3.) The charge-sheet had ultimately resulted an order of dismissal. An appeal was preferred against the said order of dismissal. Such appeal has not been disposed of as yet. Challenging the order of dismissal reference was made to the Labour Court under section 10 of the Industrial Dispute Act, 1947. The tribunal ultimately gave award its against the writ petitioner. The award of the tribunal has been impugned before me in this writ petition.