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1994 Supreme(Ker) 478

G.H.GUTTAL
P. K. Varughese And Sons – Appellant
Versus
T U Vacco – Respondent


JUDGMENT

G.H. Guttal, J.

1. The petitioner is the employer of T.U.Vacco, the Respondent No. 1. In this petition under Art.226 of the Constitution of India, the Petitioner impugns the order of the appellate authority under the Kerala Shops and Commercial Establishments Act, 1968 (the "Act" for brevity) in S.A. 24/1985 made under S.18(2) of the aforesaid Act whereunder the Authority granted reinstatement to the Respondent No. 1, backwages and compensation.

2. The Respondent No. 1 was an Accountant in the Petitioner's establishment from 1-4-1982 to 19-1-1985, on which date he was relieved from employment. This order was withdrawn as it was found to be erroneous. Thereafter disciplinary proceedings were initiated. The Respondent No. 1 was found guilty of as many as seven charges. The services of the Respondent No. 1 were terminated on 10-4-1985. The Appellate Authority has found that the domestic enquiry was conducted in accordance with law but he found that the charges against the Respondent No. 1 related to making erroneous entries in the accounts books. The erasures and overwritings were innocent and no advantage was drawn by the Respondent No. 1 from such entries. It was not the case























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