Santosh Hegde, J. - (1.) In this appeal the appellant is challenging an order made by the Division Bench of the High Court of Judicature at Madras which allowed a writ appeal filed by the respondent-workman (the workman) reversing the order of the learned single Judge of the same court who in turn had set aside the award of reinstatement made by the Labour Court.
(2.) The respondent was working as a Clerk in the Divisional Office of the appellant-Sugar Mills which had several godowns in different places under the control of the said Divisional Office. The appellant-Sugar Mills used to issue permit for supply of manure in bags to cane growers. The workman used to attend to the distribution of manure bags at two such godowns on different days of the week. It is alleged that on 5-2-1976 while the workman was attending to work in the godown at Sathancheri, he made an illegal demand of additional sum of Rs.10/- purportedly as a donation for a temple festival stating that the said collection was authorised by the higher ups in the Management. The complainant-cane grower had stated in his complaint that this is an illegal gratification which the workman was collecting from the cane growers. He had also alleged that the appellant had behaved in a rude manner with him by using insulting words when he met him on that day. The complainant further stated that the workman was given defective manure bags and no opportunity was being given to the cane growers to select their own bags.
(3.) Based on the above complaint, a departmental enquiry was instituted and the same was conducted by the Labour Welfare Officer who on the basis of the evidence recorded by him found the workman guilty of alleged misconduct and recommended his dismissal.;