The Management, v. N.Manikandan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2024

CORAM

JUSTICE N. SESHASAYEE and JUSTICE P.VADAMALAI W.A(MD) No.703 of 2017 and C.M.P(MD)No.5462 of 2017 The Management, 0.522-E, Kovilpatti Agricultural Producers Co-operative Marketing Society Limited, No.962, Sattur Road, Kovilpatti 628501, Tirunelveli District.

... Appellant/2nd respondent Vs.

1.N.Manikandan ... 1st respondent/Petitioner 2.The Deputy Commissioner of Labour, (Commissioner workmen Compensation), Tirunelveli.

... 2nd respondent/1sty respondent Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order made in W.P(MD)No.3870 of 2007 dated 17.02.2014.

For Appellant :Mr.M.E.Elango For R-1 :Mr.D.Srinivasaraghavan For R-2 :Mr.A.Baskaran, Additional Government Pleader

JUDGMENT

(Judgment of the Court was delivered by N.Seshasayee, J.) The present writ appeal is filed by the second respondent in the writ petition challenging the order passed by the learned Single Judge in W.P(MD)No.3870 of 2007, dated 17.02.2014.

2. The writ petition came to be filed to set aside the proceedings of the first respondent, the Deputy Commissioner of Labour, dated 30.06.2006, by which he had confirmed the proceedings of the second respondent, dated 03.01.2002.

3. The brief facts are that the writ petitioner, while he was working as an employee/packer in Kadampoor Fair Price Shop which is under the control of the second respondent, had been issued with the show-cause notice vis-a-vis certain shortage in the stock. He was duly suspended from service and subsequently, post enquiry, he was terminated from service. This proceedings of the second respondent later came to be confirmed by the first respondent. It is in these circumstances, a writ petition came to be filed challenging the order stated above.

4. There are composite allegations against the writ petitioner and one pertains to shortage of stock for which he is answerable. The other allegation relates to certain acts of insubordination by the writ petitioner.

5. The learned Single Judge has taken note of the fact that another staff of the fair price shop has taken responsibility for the shortage of stock and has also repaid the value thereof.

6. The learned counsel for the appellant however contended that the allegation was made jointly and severally against both the salesman and also the packer of the fair price shop and merely because the money worth has been repaid does not wipe away the misconduct involved.

7. However, in the order now under challenge, the learned Single Judge directed the appellant to reinstate the writ petitioner but without back wages. This order is under challenge.

8. Heard both sides and perused the materials. 9.The nature of allegation levelled against the writ petitioner relates to shortage in the stock of ration materials which are intended for public distribution to poor citizens in this country. Repayment of the value of goods which were swindled can never be an answer to the intent to swindle. At the end of the day, every employee requires certain degree of integrity. Unless the conscience of an employee is clear, employing him might not be ideal.

10. This Court is now left with limited option to set aside the different view the one taken by the learned Single Judge in the impugned order. Therefore, this Court hereby confirms the proceedings of the Deputy Commissioner of Labour (Commissioner workmen Compensation), Tirunelveli.

11. Having set aside the order of the learned Single Judge, this Court directs the appellant to disburse all the terminal benefits to the writ petitioner inasmuch as the writ petitioner had rendered his service and in money terms, the appellant also has not lost anything since the co-worker of the writ petitioner had reimbursed the loss suffered vis-a-vis shortage in the stock of ration materials.

12. Accordingly, this writ appeal is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.

(N.S.S., J.) (P.V.M., J.) 03.04.2024 NCC : Yes/No Index : Yes/No PM

To The Deputy Commissioner of Labour, (Commissioner workmen Compensation), Tirunelveli.

N. SESHASAYEE, J.

and P.VADAMALAI, J.

PM W.A.(MD) No.703 of 2017 03.04.2024