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2002 Supreme(P&H) 967

S.S.NIJJAR, JAGDISH SINGH KHEHAR
Madhu-sudan – Appellant
Versus
Presiding Officer, Labour Court – Respondent


Judgment

S. S. Nijjar, J.

1. The petitioner, who was working as a Salesman with respondent No.2 - Cooperative Society, has challenged the award passed by the Labour Court Annexure P-10 whereby it has been held that the termination of the services of the petitioner is legal and justified. A perusal of the award shows that the learned Labour Court has based its findings of fact on due appreciation of the evidence led by the parties. In coming to the conclusion that the petitioner was guilty of the charges levelled against him, the Labour Court has relied on document Ex. R-2. This document was executed by the petitioner on 4.6.1991 in the form of a letter, which had been written to the Executive Officer of respondent No.2. In this document, the petitioner has categorically admitted that he had committed a number of frauds and misappropriated the amounts, which have been tabulated in the document Ex. R-2. A perusal of the writ petition and the Annexures attached thereto shows that Ex. R-2, which has been referred to by the Labour Court although a vital document for the just decision of the writ petition, has not been placed on the record by the petitioner. The aforesaid document has bee

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