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1998 Supreme(Mad) 1425

P.SATHASIVAM
Management of Essorpe Mills Private Limited, Coimbatore – Appellant
Versus
Presiding Officer, Labour Court, Coimbatore and Another – Respondent


Appearing Advocates:N. Balasubramanian, Kalyanaraman, Advocates.

Judgment :-

P. Sathasivam, J.

1. Aggrieved by the award of the Labour Court in I.D. No. 22 of 1987 dated 9.5.1991, the Management has filed the above writ petition.

2. The case of the petitioner is as follows : It came to the knowledge of the petitioner-Management that the 2nd respondent herein was involving 'in acts of misconduct failing within the mischief of Standing Order No.35, under the Industrial Employment (Standing Orders) Act, 1946. Running of a canteen in the petitioner Mill is a statutory duty. Accordingly the Mill Management had established its own canteen and it had printed coupons to be issued to workmen to enable them to buy edibles and snacks. Since the 2nd respondent was found in possession of bogus canteen tickets not officially printed and issued and he was selling the same to other employees, thereby causing detriment to the management and committing an act amounting to cheating. Citing these aforesaid acts as acts of misconduct, he was given a notice on 1.8.1985 calling upon him to show cause why disciplinary action should not be taken against him for such acts. He submitted an explanation dated 16.8.1985 wherein he had admitted the first charge, but only pleade



























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