GURSEWAK SINGH Vs. SUKHANAND COOP AGRICULTURE SERVICE SOCIETY

JUDGEMENT

(1.) THE appellant was working as a Secretary with the Sukhanand Coop. Agricultural Service Society Limited (hereinafter to be referred as "the Society" ). On 20-08-1979, the Society terminated his services. The appellant raised an industrial dispute as contemplated under Section 10 of the Industrial Disputes Act, 1947 (hereinafter to be referred as "the Act" ). In pursuance of such reference, the Labour Court vide award dated 14-02-1986 found the appellant guilty of embezzlement and, thus, the services of the workman were rightly terminated. The writ petition challenging the said award of Labour Court was dismissed on 23-03-2001.

(2.) BEFORE this Court, the learned counsel for the appellant has vehemently argued that the services of the appellant were not terminated on the ground of embezzlement of funds of the Society. Therefore, it is not open to the management to rely upon another misconduct before the Labour Court to support the order of termination of services of the appellant. Reliance was placed upon Sukhmander Singh v. Kothe Warring Co-op. Agri. Service Society Ltd. , 1992 (1) S. L. R. 619.

(3.) REFERENCE to the Labour Court was to the following effect:-