Law:

Section:

Industrial dispute--- -- Domestic enquiry-Accused (storekeeper) charged of dishonesty due to shortage in store-Charge refuted on grounds that accused was not sole person handling stores and others also did so-Enquiry Officer without going into facts finding accused guilty of charge-Dismissal, without sufficient facts warranting conclusion that accused was in exclusive possession of stores, in circumstances, held, not justified­ re-instatement with full back benefits awarded. 1969 P L C 645 rel. ORDER This petition has been lodged by the petitioner for his re-instatement in service as Assistant Storekeeper with full back benefits on the grounds: - (1) that the petitioner was employed by the respondent as Assistant Storekeeper on 12-10-70 in Stores alongwith other Storekeepers. (2) the petitioner was transferred to another project of the then W. P. I. D. C., namely H. F. F. Project, Taxila, and the petitioner handed over charge of his stores in fully satisfaction; (3) at the time of transfer and handing over charge no charge-sheet or show-cause notice was given to the petitioner regarding the alleged shortage in the stores; (4) the petitioner moved the Punjab Labour Court for fixation of his pay, the matter was decided in his favour, and the petitioner was again transferred back to the respondent project; (5) the petitioner when joined the respondent's project became an active member of a Trade Union and was a candidate for Vice-President ship, The respondent took it ill and issued charge-sheet based on false allegations after lapse of about one year. Certain other members of the Union were also served with charge-sheets. This action of the respondent was mala fide; (6) the alleged shortage in stores did not constitute misconduct on the part of the petitioner because the petitioner was not Incharge of the store and was in fact sharing the collective responsibilities with so many other persons dealing with the stores. 2. The respondent was directed by me to file written reply to the petition which was filed on 8-1L-1974. In view of the preliminary objections raised by the respondent, the petitioner wag ordered to submit his replication. He complied with the order…

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