JUDGMENT :

Sangeeta Chandra, J.

Heard learned counsel for the petitioners and Sri Amit Bose for respondent no.2.

2. The petitioners, a Cooperative Sugar Mill, have challenged the Award dated 9.8.2016 passed by the Presiding Officer, Labour Court, Lucknow in Adjudication Case No.58 of 2006.

3. It has been submitted by the learned counsel for the petitioners Sri Sudhanshu Chauhan that respondent no.2 was appointed as a daily wage Weighment Clerk on seasonal basis on 1.6.1983 and was made permanent on the post of Seasonal Weighment Clerk w.e.f. 1.1.1988. On 8.2.1991, the respondent no.2 was placed under suspension for wrongly weighing an empty vehicle as allegedly carrying cane, thereby causing a loss of two quintals of cane to the Mill.

4. During the enquiry, the respondent no.2 admitted the misconduct and apologized and was allowed to continue in service. On 19.3.1998, respondent no.2 purchased 8156.71 quintals of cane and supplied only 7828.48 quintals of cane to the Mill, thereby misappropriating 228.23 quintals of cane worth Rs.14,964.48. The respondent no.2 was again placed under suspension but he admitted his misconduct and apologized. He was let off with a warning.

5. In between 29.