WORKMAN Vs. MANAGEMENT OF DUFFLATING T.E.

JUDGEMENT

(1.) Heard Ms. A. Bhattacharjee, the learned Counsel appearing for the petitioner union i.e. Assam Chah Mazdoor Karmachari Sangha which is espousing the cause of the delinquent clerk Pulak Chandra Borthakur of the Deflating T.E. The management is represented by the learned counsel Mr. A. Sarma. While serving as a garden clerk in the Dufflating T.E., a show cause notice was issued against the petitioner on 20.8.2011 (Annexure-1) but this notice was discarded and eventually the charge memo was issued on 21.9.2001 (Annexure-3), where 21 charges were levelled against the workman, where it was alleged that the garden clerk was responsible for preparing the attendance record, plucking accounts and payment of wages for the workers engaged during the tea plucking session and the substance of the charge was that the attendance records were manipulated to illegally show presence of absentee workers and thereby payment were shown to have been made to them in the wage register but those amounts were actually misappropriated by the delinquent clerk.

(2.) Since the management did not press the Charge Nos. 14, 15, 16, 17, 18, 20 and 21 and failed to prove the Charge Nos. 6, 7, 8, 9, 10, 11, 12 and 19, in this proceeding we are concerned only with 5 charges and those are extracted here-in-below for ready reference: ....................................

(3.) It is alleged that you have marked present of Smt. Sajoni Bakti from 8-8-2001 to 14-8-2001 and paid wages for all these period amounting to Rs. 202.29. However, from our records based on hospital receipts and admission & discharge slips, it was confirmed that she was an indoor patient at Jorhat Christian Medical Centre from 9-8-2001 to 13-8-2001. This is alleged to have been a clear case defraud on the company.