JUDGMENT & ORDER :

The legality and validity of an Award dated 31.12.2010 passed by the learned Labour Court of Assam at Dibrugarh in Reference Case No. 01/2007 is the subject matter of this writ petition. By the impugned Award, the dismissal order dated 07.01.2022 in respect of the workman concerned has been upheld.

2. Before going to the issue which has arisen for determination, it would be convenient if the facts of the case are narrated in brief.

3. The petitioner – Workman Md. Saffauddin Ali was working as an Office Clerk in the Koomtai Tea Estate, i.e., the respondent no. 1. On 19.07.2001, a Charge Memo was issued to the said respondent which pertains to non deposit of food-staff (ration money) to the labourers. The details of the period and the amount involved have also been given in the said Charge Memo. It has also been reflected that there have been earlier instances of similar nature and accordingly the workman was directed to submit his response. By the said order, the workman was also placed under suspension.

4. The aforesaid Charge Memo was replied to by the workman on 23.07.2001. In the said reply, the workman has admitted his guilt of not depositing the amount. He has h