The main legal point established is the requirement for disciplinary proceedings to be based on legal evidence and conducted in compliance with principles of natural justice, including the examination and cross-examination of witnesses.

JUDGMENT

(Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for records from the 1st Respondent relating to impugned award dated 25.04.2011 in I.D. 182 /2009 and quash the same and to direct the 2nd Respondent management to reinstate the petitioner in service with full backwages, continuity of service and other attendant benefits, award cost. )

1. The Writ Petition is filed challenging the award of the Labour Court dated 25.04.2011, in ID.No.182 of 2009 and to quash the same and to direct the 2nd Respondent management to re-instate the petitioner in service with full backwages, continuity of service and other attendant benefits and to award cost.

2. At the outset, before proceeding to deal with the facts and the legal issues involved in the present writ petition, it may be relevant to take note of the fact that there were three bodies which worked closely with each other performing the following functions viz.,

a) The Milk Producers Co-operative Society supplies milk to the Chilling Centres.

b) The Chilling centres on receiving the milk from the Milk Producers Co-operative Society prepared a statement called Daily Milk Receipt Statements (hereinafter referred to as D.M.R Statements). The computer print of the D.M.R Statements are taken and signed by the officer in charge of the respective Chilling Centres and thereafter sent to the Apex Body at Vellore viz. (Vellore - Thiruvannamalai Milk Producers Co-operative Society).

c) On the basis of the said D.M.R. Statements, the milk bill payment statement is prepared and payments are made to the respective societies.

3. Background relating to the writ petition:

3.1. The petitioner had joined the Milk producers Co-operative Union as a daily wage skill worker in 1994 and was promoted as Senior Factory Assistant. Thereafter, the petitioner was working in the Computer Section. It is stated that a number of other employees were working along with the petitioner in the Computer Section which was headed by Selection Grade Executive Mr.Mohan.

3.2. While so, the petitioner was suspended from service vide order dated 27.12.2006.

3.3. Subsequently, a Charge Memo dated 19.12.2007 was issued, wherein, it was alleged that the petitioner had while preparing computer milk bill payment statements tampered with the said D.M.R Statements with a view to show a greater quantity of milk received from the Co-operative Societies than the quantities actually received. Resultantly, the 2nd Respondent which is the Apex Body viz., Vellore - Thiruvannamalai Milk Producers Co-operative Union paid more money to various Societies than what was legitimately due to them.

3.4. It was alleged that the data was tampered by the petitioner in connivance with the Secretaries of various Milk Producers Societies for the personal benefit of the petitioner inasmuch as the petitioner was paid a portion of the excess amount that was illegally paid to the Society.

3.5. The Charge Memo also stated that, in view of the above illegal acts, the 2nd Respondent had paid excess amount to the tune of Rs.33,48,255/-. The said act constituted misconduct under Clause 16 (c) (d) and 17 of the Model Standing Order framed under the Model Standing Order Act, 1948.

4.1. The petitioner submitted his explanation vide letter dated 24.12.2007, to the Charge Memo inter alia stating that, he did not prepare the D.M.R Statements but it was Mr.Mohan, the Selection Grade Executive in charge of Computer Section who prepared the Statements and the petitioner only carried out the instructions given by Mr.Mohan and refuted the allegation of manipulating the D.M.R Statements and prayed that the charges be dropped.

4.2. However, not satisfied with the said explanation, an enquiry was ordered, wherein, reliance was sought to be placed inter alia on statements