MS. TATA ENGINEERING AND LOCOMOTIVE COMPANY LIMITED Vs. PRESIDING OFFICER, LABOUR COURT, JAMSHEDPUR AND ANR.

JUDGEMENT

(1.) This writ petition has been filed invoking the jurisdiction of this court under Article 227 of the Constitution of India, challenging the award passed by the Labour Court, Jamshedpur in Reference Case No. 35 of 1989 dated 15th July, 2000. The Labour Court, Jamshedpur by the award has set aside the termination/dismissal of the respondent No. 2 from the service and ordered him to be reinstated with full back wages with continuity in service and other consequential benefits.

(2.) The facts of this case are that the respondent No. 2 was an employee of the petitioner and at the relevant time, he was working as Inspector of Audit Inspection Department. The allegation against him was that he absented from duty without leave or permission from 30.04.1986 to 16.06.1986. Subsequently, the petitioner found that the respondent No. 2 submitted a leave application dated 29.04.1986 for the period from 30.04.1986 to 03.05.1986 to the Finance Department (Wage section) and had drawn advance money against salary on submission of the said leave application. It is also alleged that the signatures of both the recommending and sanctioning authorities, in respect of the said leave application, were false. It is alleged that respondent No. 2 indulged in deceptive and corrupt practise by submitting a false application and subsequently drawing advance money against his salary based on the said false recommendation and sanction.

(3.) For the said misconduct of the respondent no. 2, a charge-sheet was issued against him under Order No. 24 of the Company's Works Standing Order, which reads as:-ORDER No. 24