CAFE COFFEE DAY Vs. AJAY KUMAR AND ORS.

JUDGEMENT

(1.) The challenge in this petition is to the award dated September 12, 2016 made in Reference No. 07 of 2014 which has been answered partly against the management and partially in favour of the workman. Reinstatement has been denied and in lieu thereof compensation by lumpsum payment of Rs. 80,000/- has been awarded with a finding of wrongful termination of service. The facts of the case are to the following effect:-

(2.) The workman was employed by Cafe Coffee Day at its outlet in Gurgaon on April 21, 2008 in the position Team Member Level- His services were terminated on June 12, 2013 without issuing charge-sheet or holding an inquiry or following the procedure prescribed under Section 25- F of the Industrial Disputes Act, 1947 ("1947 Act") as no notice or pay in lieu of notice was given to him nor any retrenchment compensation was paid at the time of termination for five years service.

(3.) The defence of the management was that the workman absconded from duty after being caught taking two cups of coffee without cutting bill and for cheating customers by putting less quantity of ingredient "D.S. material" and passing of the sub-standard cup of coffee to customers thereby bringing a bad name to the company. He was issued show cause notice on June 18, 2013 to report at regional office but he failed to proceed thereto and report his presence in spite of reminders sent. The management stated that on being caught red handed, the workman wrote a letter of apology on the same day, handed it over and thereafter abandoned his job.