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1996 Supreme(Ker) 465

K.SREEDHARAN, JACOB BENJAMIN KOSHY
C. I Poulose – Appellant
Versus
Labour Court – Respondent


JUDGMENT

J.B. Koshy, J.

1. Award of the Labour Court in I.D.No. 41 of 1983 is challenged in this original petition. Petitioner while working as a clerk in the first respondent Cooperative Bank was suspended on 9-9-1974. He was dismissed on 24-1-1975 without any enquiry. Later the dismissal was withdrawn and he was reinstated and again he was suspended on 29-3-1975 pending enquiry. Three counts of allegations were raised against him. (1) He received amounts from two members and credited the amount in S.T. Loan Ledger of the Bank in his own hand and closed the Short Term Loans. But this was not entered in the Cash Book and he misappropriated the same. (2) He issued 11 fabricated receipts and received an amount of Rs. 9,980.45. By not entering the same in the Cash Book, he misappropriated the amount. (3) The records were cooked up to the effect that a chitty security bond has been fabricated with the name of a prized subscriber without his knowledge and forged his signature and misappropriated Rs. 475/- in connivance with another clerk of the Bank. He gave an explanation denying the charges and also submitted that he did not misappropriate the amounts. It is submitted that he has acted















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