MOHAN MEAKIN LIMITED Vs. PRESIDENT MOHAN MEAKINS

JUDGEMENT

(1.) PETITIONER Company (hereinafter referred to as "the Management" for the sake of convenience) has assailed the award made by the learned Presiding Judge, Industrial Tribunal Cum Labour Court, Shimla, dated 05.03.2009 in reference No. 390 of 2002.

(2.) MATERIAL facts necessary for adjudication of this petition are that respondent No. 2 workman (hereinafter referred to as "the workman" for the sake of convenience), was appointed as a Clerk on 26.06.1971 vide Annexure P 2. He was confirmed on 17.01.1972. He was promoted as Purchase Superintendent on 21.07.1987. The workman was transferred/sent on deputation vide order dated 24.08.2002, with a direction to join duties at Lucknow Distillery by 31.08.2002. His explanation was sought on 28.08.2002. The notices were also got published in the Tribune and Dainik Tribune. The final notice was issued to the petitioner on 10.05.2003. He superannuated on 20.01.2006.

(3.) THE Staff Union filed a claim petition on 21.03.2003, to which the reply was filed by the Management on 29.05.2003 and the rejoinder was filed by the Staff Union on 01.07.2003.