Ranjit Singh Sarkaria, J. - (1.) THE Petitioner was working as Secretary, Sirsa Central Cooperative Bank Ltd. Village Jassania, District Sirsa. The services of the Petitioner were terminated on the basis of charge sheet served on him. The Petitioner was dismissed by the Respondent -Bank from service on 30.05.1985. The Petitioner raised the industrial disputes against the order of his dismissal. The matter was ultimately referred to Industrial Tribunal -cum -Labour Court, Hisar. On the basis of pleadings, the Labour Court framed the following issue: Whether the management conducted a proper and fair inquiry?
(2.) THE parties produced evidence before the labour Court and ultimately the labour Court came to conclude that the Petitioner -workman himself had admitted that he had handed over the charge being suspended and thereafter had deposited an amount of Rs. 12007 -59 as cash in hand. This admission was taken enough proof of the allegation made against the Petitioner that he had kept amount in hand, which would amount to temporary embezzlement. The Petitioner has filed the present writ petition against this order. Perusal of the labour court award would show that the Petitioner was served a charge -sheet and an inquiry was held. As per the Respondent -management, the order of dismissal was passed after following the principle of natural justice and giving full opportunity to the Petitioner. The Petitioner, on the other hand, would plead that no fair inquiry was held and the order of dismissal was passed on the basis of finding given by the defective inquiry.
(3.) BEFORE the Labour Court, the management had examined Sh. Raj Kumar, Inspector as MW1, who had conducted this inquiry. The Development Officer of the Bank was also examined to prove various documents. In support of his version, the Petitioner -workman appeared as witness. The Petitioner had received the charge sheet but list of witnesses was not provided to him.;