JUDGMENT

(Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the entire records connected with the proceedings of the 2nd respondent in I.D.No.277/2007 dated 30.06.2011 and quash the same consequently direct the 1st respondent to reinstate the petitioner with continuity of service, back wages and all other attendant benefits.)

1. This writ petition is filed challenging the order of the labour Court confirming the order of dismissal passed by the first respondent on the premise that the petitioner had committed theft of diesel and thereby found guilty of misconduct in terms of the company certified standing orders.

2. The petitioner joined the respondent management as a Mazdoor in April 1994 and was promoted as a tractor operator in January 1997. On 04.05.2005, the applicant was working in the second shift from 02.00 p.m. to 10.00 p.m. by operating a Front End Loader equipment. Around 06.40 p.m. the petitioner handed over the Walkie-talkie to the other driver one Mr.Elangovan and returned around 07.10. p.m. after taking food. When the petitioner got back he found that there was certain enquiries bein