S.S.SUDHALKAR, J. - (1.) By this writ petition, the employer is challenging the award dated November 16, 1999, Annexure P/1, passed by the Labour Court, vide which the punishment of termination awarded to the respondent- workman was found to be disproportionate to the charges levelled against him and he was ordered to be reinstated with full back wages. However, it was ordered that the amount received by him at the time of termination may be adjusted against the back wages.
(2.) The case against the respondent was that he alongwith two others, when transferred from Lucknow to Ghaziabad in the month of August, 1986, were given permission to bring their household goods by hiring one truck together. He had submitted estimate for expenses. One G.R. No. 104 dated August 23, 1986 which Was issued by United Transport of India was attached with the bills submitted by Shri Mahipal. On making investigation, it was proved that this G.R. was fake one. Sh. S.S. Lakras name was also written on the G. R. and respondent had claimed the loading and unloading expenses under this fake G.R. so submitted along with the bill submitted by Mahipal. The respondent, Mahipal and S.S. Lakra were formally charged.
(3.) The Enquiry officer found that all the three employees including respondent No. 2 were transferred from Lucknow and only one truck was allowed to be hired for bringing the household goods of these employees to Ghaziabad and the respondent and Sh. S.S. Lakra (sic) were allowed to bring their household goods on the truck to be hired by Sh. Mahipal. Mahipal was to make payment for hiring the truck and he was to claim reimbursement/adjustment of the amount by submitting the G.R. along with his weekly expense statement. It is found that all the three have taken imprest amounts by submitting their estimates for expenses. It is further held that respondent and S. S. Lakra could only claim the charges incurred by them on packing, loading and unloading of the goods. It was further found that the respondent in his Weekly Expense Statement dated September 12, 1986 claimed packing, loading and unloading expenses supposedly incurred by him.;