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2020 Supreme(HP) 396

SANDEEP SHARMA
Solan District Co-operative (marketing & Consumer) Federation Ltd. – Appellant
Versus
Ram Lal – Respondent


Advocates Appeared:
Sameer Thakur, Advocate, Rohit Sharma, Advocate, Anuj Gupta, Advocate

JUDGMENT

Sandeep Sharma, J. - Since both the above captioned petitions filed under Articles 226 and 227 of the Constitution of India, lay challenge to award dated 6.4.2019 (Annexure P-11), passed by the Industrial Tribunal-cum-Labour Court, Shimla, Camp at Solan, in Ref. No. 42 of 2009, same are being taken up together for hearing and final disposal.

2. For having bird's eye view, certain undisputed facts, which may be relevant for adjudication of the petitions at hand are that the petitioner-employee namely Ram Lal was appointed as Helper in August, 1989 and was subsequently, promoted to the post of Salesman on 29.11.1991 by the respondent-Federation. On 27.1.2005 petitioner was charge-sheeted on account of alleged mis-appropriation of funds. Though, petitioner filed reply to the chargesheet denying all the charges, but on 31.3.2015, services of the petitioner were terminated. Petitioner-employee challenged the aforesaid termination order passed by the respondent-Federation before the Deputy Registrar, Cooperative Societies, who vide order dated 3.5.2005, stayed the termination order, whereafter petitioner-employee submitted his joining report on 6.5.2005, but fact remains that he

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