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2006 DIGILAW 829 (JHR)

Tata Iron And Steel Co. Ltd. v. Bendict Toppo

2006-07-11

M.Y.EQBAL

body2006
ORDER M.Y. Eqbal, J. 1. Heard learned Counsel for the petitioner. 2. The petitioner is challenging the order dated 14.6.2005 passed by the Presiding Officer, Labour Court, Jamshedpur in B.S.E. case No. 18/95 whereby the Labour Court directed reinstatement of the respondent-workman with backwages. 3. The respondent-workman was in the service of the petitioner as Assistant Manager, subsequently promoted to the post of Area Manager and then Senior Community Development Officer. Finally the workman was promoted to the post of Welfare Manager in Tribal Welfare Cell. 4. It appears that the respondent-workman was departmentally proceeded on the allegation that the money allotted for organizing hockey tournament was converted by him in purchasing some color flags which he kept in his custody. 5. The Labour Court appreciated the entire evidence and found that the witnesses simply stated that out of the money amounting to Rs. 2000/- which was allotted for organizing hockey tournament was diverted in purchasing color flags. Other M.Ws also gave the same evidence. The Labour Court, after appreciating the entire evidence found that the dismissal of the respondent- workman was illegal and arbitrary and, therefore, directed reinstatement of the workman. 6. In the background of these facts, I am, prima facie of the view that on the charges of diversion of some amount in purchasing color flags instead of spending the same in organizing the hockey tournament, the petitioner cannot be dismissed from service. In this view of the matter, I do not find any merit in this writ application. The impugned order passed by the labour Court is perfectly in accordance with law. This writ application is accordingly, dismissed.