BAREH COOPERATIVE AGRICULTURAL CO-OPERATIVE SOCIETY LTD BAREH, TEHSIL MANSA, DISTRICT BATHINDA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition has been moved by the Bareh Cooperative Agricultural Co-operative Society Limited Bareh under Articles 226/227 of the Constitution of India for quashing the award dated 6.4.1987 Annexure P.6.

(2.) The brief facts giving rise to this petition are that Gurtej Singh- respondent (hereinafter to be referred as 'the workman') was working as a salesman under the petitioner. He misappropriated fertiliser worth Rs. 42,742.75 during his service. The Society raised the arbitration dispute claiming the aforesaid amount against him. The arbitrator gave an award on 11.10.1982 against him for the above-mentioned amount. The workman filed an appeal which was dismissed by the Assistant Registrar Cooperative Societies, Mansa. The services of the workman were terminated on 15.6.1981. He along with two other terminated employees raised an industrial dispute. That the impugned award is liable to be set aside in view of the reasons as embodied in this petition.

(3.) The Presiding Officer, Labour Court, Bathinda framed the following issues :-