LAXMAN BABURAO GADDAM Vs. SHAIKH ADIL

JUDGEMENT

(1.) The Forum below by order dated 18.7.2001 directed the Org. O.P. Nos. 1 and 2 to pay Rs. 40,200 to the complainant together with interest @ 24% p.a. The Org. O.P. No. 2 has filed this appeal feeling dissatisfied with the order passed by the Forum below as against him.

(2.) According to learned Advocate Mr. Misar, the appellant (Org. O.P. No. 2) was in the employment of Org. O.P. No. 1. He was Pigmy Agent appointed by O.P. No. 1 for the purpose of collecting deposits. The learned Advocate Mr. Misar has, therefore, made a serious grievance to the effect that the Forum below did not at all consider this aspect of the matter and in mechanical manner passed the impugned order.

(3.) On careful perusal of the record, it is clearly seen that the Org. O.P. No. 1 appointed present appellant as a "Pigmy Agent" for the purpose of collecting deposits. The amount so collected by the appellant was transferred to O.P. No. 1. He has not retained any amount collected by him. Taking into consideration his position as employee, he cannot be held responsible to pay the amount, which was pocketed by O.P. No. 1. To this extent, the order passed by the Forum below is bad. In the result, we pass following order: