PUNIKEM TEXTILE PRIVATE LIMITED Vs. SAMIDHA SANJAY MUNJ
LAWS(BOM)-2007-4-35
HIGH COURT OF BOMBAY
Decided on April 04,2007

PUNIKEM TEXTILE PRIVATE LIMITED Appellant
VERSUS
SAMIDHA SANJAY MUNJ Respondents

JUDGEMENT

- (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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