J U D G M E N T

Whether the first misconduct in the career is to have some allowance or whether 'Compassionate Ground' is enough to interfere with the punishment imposed in a Disciplinary Proceeding, invoking the power under section 11(A) of the Industrial Disputes Act, is the point involved herein.

2. Ext.P2 Award passed by the Labour Court, Kollam, modifying the punishment of 'dismissal' to that of 'discharge', invoking the power under section 11(A) of the Industrial Disputes Act, is subjected to challenge by the Management. 3. The sequence of events, as narrated, shows that the delinquent employee was working as a Cashier-cum Clerk under the Management right from 1981 till 1998. In the later years, the management of the establishment was taken over by the daughter of the original proprietrix and while so, certain serious misconducts, stated as committed by the delinquent employee, came to light, which led to issuance of a charge sheet, followed by an additional charge sheet, in respect of the various misconducts involving falsification of accounts and also misappropriation of various amounts . The delinquent employee participated in the domestic enquiry and on conclusion of the s