S.B. Sinha, J. - (1.) Leave granted.
(2.) Appellant herein is a Cooperative Society. It runs a sugar factory. Respondent was appointed as a peon in July 1974. On or about 1.12.1983, a show cause notice was issued seeking an explanation from him as regards some alleged misconduct on his part. He was placed under suspension. A charge sheet dated 29.12.1983 was issued against him, inter alia, in respect of the following charges: (i) Late attendance between 2.7.1983 to 20.12.1983 on 16 occasions. (ii) Absence without leave between 6.10.1983 to 22.12.1983 for 20 days. (iii) Leaving the place of work without permission and without seeking leave and attempt to obtain wages between 23rd to 30th November, 1983. (iv) Leaving premises without permission and leave between 2.12.1983 to 20.12.1983 on 6 occasions. (v) Signing the muster without remaining present and attempting to seek wages between 16.9.1983 to 16.11.1983 for 9 days. (vi) Signing the muster for showing presence on 1.12.1983 on next day. (vii) Disobeying order of Shri Mahadik regarding storage of water on 12.12.1983, refusing to deliver letter as directed by Shri Chavan clerk on 19.12.1983 not attending the office on 14.12.1983 though asked to attend for the purpose of audit.
(3.) A departmental proceeding was held in which he was found guilty of the said charges. He was dismissed from services by the appellant by an order dated 5.7.1984. Respondent filed an Application under Sections 78 of the Bombay Industrial Relations Act, 1946 before the Labour Court, Sangli praying for his reinstatement with continuity of service and full back wages, which was registered as B.I.R. No. 16 of 1984.;