TRIBAL DEVELOPMENT CO-OPERATIVE CORPORATION OF ORISSA LTD. Vs. REGISTRAR, CO-OPERATIVE TRIBUNAL, ORISSA, BHUBANEWAR

JUDGEMENT

(1.) THIS writ petition has been filed at the instance of the petitioner -Tribal Development Co -operative Corporation of Orissa Ltd. (for short, 'TDCCOL '), to quash the order dated 15.03.2010 (Annexure -8) passed by opposite party No.1 -Member, Co -operative Tribunal, Orissa, Bhubaneswar in Service Dispute No.4 of 2009 wherein the order dated 24.11.2008 (Annexure -6) dismissing opposite party No.2 from service and directing recovery of Rs.172.84 of 2001 -02 and Rs.78,868.73 for 2002 -03 from him was set aside.

(2.) PETITIONER -TDCCOL 's case in a nut -shell is that the TDCCOL is a Co -operative Society registered under the Orissa Co -operative Societies Act having its registered office at Bhubaneswar and Branch Offices at different places in the State of Odisha. The object of TDCCOL is to ensure the economic development of the Tribal people and landless forest labourers engaged in agriculture, collection of forest produces and other ancillary works in the State of Odisha. Petitioner -TDCCOL is facing heavy loss since 1974 and the accumulated loss as on 31.03.2003 was more than Rs.65.0 crores. When the amount of loss increased year after year and it was even difficult to pay the regular salaries of the employees, a decision was taken in the public interest to down size the surplus employees of TDCCOL by giving them compulsory retirement under Rule 38 of the TDCC Service Rules, 1990 reviewing their past performance. Accordingly, the performances of the employees, who had attained 50 years of age or completed 20 years of service, were reviewed and a decision was taken to give compulsory retirement to 22 employees including opposite party No.2. Subsequently, on the direction of the Government in S.T. and S.C. Development Department, the case of opposite party No.2 was reviewed and the office order dated 29.09.2003 giving CRS to opposite party No.2 was revoked and he was directed vide office order No.203 dated 25.01.2006 to join his post. Accordingly, opposite party No.2 joined in the said post.

(3.) OPPOSITE party No.2 was charged with misappropriation of funds of the Corporation totaling to Rs.33,414/ - in fraudulent manner and Rs.56,316/ - by making fictitious transactions in books of accounts. Rs.38,558.65 has been misappropriated through shortage in various items of consumer goods. Another irregularity is irresponsibility and negligence in stock management that resulted in damage of huge stocks.