GHOORONIA TEA CO. PVT. LTD. AND ANR. Vs. THE PRESIDING OFFICER LABOUR COURT AND ANR.
LAWS(GAU)-2018-5-199
HIGH COURT OF GAUHATI
Decided on May 30,2018

Ghooronia Tea Co. Pvt. Ltd. And Anr. Appellant
VERSUS
The Presiding Officer Labour Court And Anr. Respondents

JUDGEMENT

A.M.BUJOR BARUA,J. - (1.) Heard Mr. PJ Saikia, learned counsel for the appellants and Ms. A Bhattacharyya, learned counsel for the respondent, Workman.
(2.) The Workman, Champak Kumar Bezbaruah, who was serving as Factory Supervisor in the appellant Ghooronia Tea Estate was served with a notice dated 28.06.2000 by the Manager of the Tea Estate requiring him to show cause as to why disciplinary action should not be undertaken on the allegation of misappropriation of green tea leaves. The Workman submitted his reply dated 11.07.2000 to the said show cause. The Management having found the reply to be unacceptable, issued a show cause notice dated 17.07.2000, containing a charge that as per the documentary evidence, the Workman had made incorrect reconciliation of the amount of green tea leaves received from various suppliers and in doing so, a financial loss was caused to the Management to the extent of Rs. 68,794/-. It was also charged that the Workman had endorsed the signature of the Manager of the Garden to cover up the act of showing more purchase in the records than what was actually done and in doing so, the Workman had caused a loss of Rs. 1,20,780/- in terms of the value of black tea. To such show cause notice of 17.07.2000, the petitioner submitted his reply dated 21.07.2000, wherein he had denied the charges made against him and also sought to give his explanation for the purpose.
(3.) The Management being not satisfied with the reply of the Workman, informed him by the communication dated 27.07.2000 that a domestic enquiry would be held by an independent person. The Workman by his communication of 11.08.2000 informed the Management that he does not have any witness to be presented in the domestic enquiry, but requested for an opportunity to cross examine the witnesses of the Management, who may depose in the enquiry.;


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