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2010 Supreme(Mad) 4167

N.KIRUBAKARAN
Karukkapuram Primary Agricultural Co-operative Bank Limited Rep. by its Special Officer A. Gunasekar, Namakkal Diatrict – Appellant
Versus
The Labour Court, Salem – Respondent


Advocates Appeared:
For the Appearing Parties:P. Sesubalan Raja for K. Selvaraj K.V. Shanmuganathan, Advocates.

Judgment :-

1. Aggrieved by the award of the Labour Court both management as well as workmen have approached this Court by way of two Writ Petitions, challenging the same award. Therefore both the Writ Petitions are dealt with by this common order. For the sake of convenience the petitioner in writ petition No. 19232 of 2003 is described as “petitioner” and the second respondent, in the said writ petition is the management which would be described as “management” hereafter.

2. It is the case of the petitioner that he was employed as Jewel Appraiser by the Management. While functioning as Jewel Appraiser, it is stated that the petitioner forged thumb impression of his mother and availed the jewel loan from the Bank. Therefore a charge memo was issued to the petitioner on 21.11.1991, for which an explanation was given on 30.03.1992. Pending enquiry he was kept and under suspension. After enquiry, the enquiry officer submitted a report holding that the charges against the petitioner was proved. Thereafter, a second Show Cause Notice was given and explanation was obtained from the petitioner and the petitioner was terminated from service on 05.09.1996. Petitioner raised an industrial d








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