Mehtab Singh Gill, J. - (1.) THE petitioner has filed a writ in the nature of certiorari for quashing the award dated September 6, 1999 (Annexure P -9) passed by the Presiding Officer, Labour Court. Ambala.
(2.) THE petitioner has averred that the joined as a Cane Yard Supervisor in the Shahabad Sugar Milis, Sha -habad Markanda (hereinafter referred to as "The Mill"). Later on, he was made permanent on the said post vide order dated October 21, 1988 and he joined as such w.e.f. November 2, 1988 (Annexure P -1). It has been further averred that he was placed under suspension on May 2, 1991 along with three other employees, namely, S/Shri Harbans Singh, Satbir Singh, both Cane Clerks and Jai Ram. Wcigh -bridge attendant. A charge -sheet dated May 11, 1991 was served on the petitioner. It was alleged in the charge sheet that he, in connivance with other three officials, had prepared a bogus weighment voucher bearing No. 143983 and punching card No. 42924 of cane trolley on May 1, 1991 in the shift from 2.00 A.M. to 10.00 A.M. It has been further alleged that he destroyed the weighment voucher. In this way, he tried to cheat the Mill and made a loss to it. The copies of suspension order and the charge -sheet are annexed with the petition as Annexures P -2 and P -3 respectively. It has been further averred that it was neither the duty of the petitioner to prepare a weighment voucher nor a punching card. These documents were never in his possession, as he was working on a technical post, viz. supervision etc. to see the quality of sugarcane. We have heard learned counsel for the petitioner, perused the petition and the annexures attached thereto.
(3.) CHARGE -sheet, Exhibit M -4, was issued to four employees including the petitioner. The charges against all these four employees were that they conspired with each other and prepared a bogus weighment voucher bearing No. 143983 and punching card No. 42924 of canetrolley on May 1, 1991 in the shift from 2.00 A.M. to 10.00 A.M They were further charged that they destroyed the same along with the office copy illegally and in fraudulent manner. Thus, in collusion with each other, they cheated the Mill and made a substantial loss to it.;