JUDGEMENT
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(1.)Heard learned counsel appearing on behalf of the
Petitioner and the learned counsel appearing on behalf of the
Respondent.
(2.)The Petitioner is challenging the award passed by the 2nd
Labour Court dated 07/08/2006 whereby 2nd Labour Court was
pleased to pass an award in favour of Respondent, directing
reinstatement with back wages.
(3.)Brief facts which are relevant for the purpose of deciding
this petition are as under:-
The Petitioner is a company registered under the
Companies Act, 1956. The Respondent was appointed as a Clerk
and had joined services of the Petitioner Company in the year 1992
and before she was terminated, she was working as Assistant
Accountant. Similarly in the month of June, 2002 an Officer from
Chimane Sanmitra Co-operative Society visited the establishment of
the Petitioner Company and made inquiry about one Shri Kishor
Shantaram Patade alleged to be employed with the Petitioner
Company as Machine Operator. Accordingly, inquiry was made by
the Labour Officer and it transpired that no such workman employee
was employed with the Petitioner Company. Accordingly, the Officer
from the said Co-operative Society was informed about this fact.
However, again in the month of July, 2002 one Shri G.B. Bangar,
Special Recovery Officer of the said Society visited the
establishment of the Petitioner company and met Shri. Mayur
Parekh and presented order of attachment of salary of said
Shri.Patade. Said Officer informed that certificate had been issued
by the Petitioner Company mentioning therein that said Shri.Patade
was employed as Machine Operator and had stood as guarantor for
the loan which was obtained by one Subhas Gopal Patkar who was
brother of the Respondent. Said officer informed that since there
was default in repayment of loan, order of attachment had been
issued and for that purpose the Officer had visited establishment of
the Petitioner Company for serving the attachment order. According
to the Petitioner Company, inquiry was made and they found that
the said certificate was forged. It is case of the Petitioner Company
that since certificate was issued in favour of Shri.Patade to secure
loan for the brother of the Respondent, the Petitioner decided to
make inquiry with the Respondent about said transaction.
Thereafter they alleged that the Respondent threatened the Director
of the Petitioner Company. Letter of termination was issued and
services of the Respondent were terminated for loss of confidence
by letter dated 20th August, 2002.
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