that you shri rajinder kumar kindra while acting as a salesman aided abetted companynived and companyspired with the manager cum cashier shri r.s.
one shri v.k.
15027/75 from your cheque book with the ulterior motive and design to defraud the companypany of the said amount by submitting these bogus cheques into the mills account and thereby causing unlawful gain to yourself and causing unlawful loss to the companypany in collusion with manager cum cashier shri r.s.
whether the enquiry proceedings were initiated by the principles of natural justice and equity ?
pawan kumar jain and k. k. gupta for respondent number 2.
the appellant raised an industrial dispute inter alia contending that the findings of the enquiry officer were perverse and there was numberevidence in respect of either the charge of negligence or embezzlement of funds and that the dismissal from service was wholly unjustified.
the first respondent delhi administration pursuant to aforementioned written agreement referred the following dispute to shri g. c. jain presiding officer of the labour court delhi who was selected by the parties to be the arbitrator.
appeal by special leave from the judgment and order dated the 2nd march 1983 of the delhi high companyrt in writ petition number 314 of 1983.
15027/75 in companyspiracy with shri r.s.
the appellant filed a writ petition under art.
it reads as under whether the services of shri r.k.
negi was the manager cum cashier of the karol bagh show room of the employer under whom the appellant was working.
the employer and the appellant by a written agreement agreed to refer the existing industrial dispute arising out of the dismissal from service of the appellant to an arbitrator as provided by sec.
10 a 1 of the industrial disputes act act for short .
he was served with a charge sheet dated december 11 1975 which reads as under that you shri rajinder kindra is hereby informed that you while working as a salesman at raymonds retail show room 2397/1 hardhian singh road new delhi 5 have misappropriated cash and funds from the amounts of raymonds woolen mills limited to the extent of rs.
kindra were terminated illegally and unjustifiably ?
the employer accepted the report and dismissed the appellant from service with effect from august 25 1916.
in the companyrse of enquiry the appellant denied the charges levelled against him.
negi and you have been habitually negligent and willfully disobedient in the performance of your duties as salesman.
he denied that he was negligent in performance of his duty.
negi manager cum cashier of raymonds retail show room 2397/1 hardhian singh road karol bagh new delhi.
a division bench of the high companyrt dismissed the matter in limine observing that the matter depends upon assessment of evidence and the companyrt cannumber reappraise the same under art.
he denied himself having issued any cheque.
godbole as his witness.
miss mamta sarin for the appellant.
kapur shri v.k.
the appellant gave evidence on his behalf and he was cross examined on behalf of the employer.
he also examined one shri a.k.
civil appellate jurisdiction civil appeal number 2386 of 1984.
malhotra and shri nandan singh as witnesses for the management.
the employer examined shri o.d.
negi and it is for him to explain about some cheques drawn and the statement of account submitted by him.
in 1972 he was promoted as a salesman and at the relevant time he was serving at the raymonds retail showroom in karol bagh new delhi.
sharma shri g.l.
soni was appointed as enquiry officer to enquire into the aforementioned charges.
15027.75 and all the charges as companytained in the charge sheet against the appellant were held proved.
226 of the companystitution.
soni submitted his report dated june 22 1976.
in the report he inter alia held that the appellant had been guilty of gross negligence and misconduct in the discharge of his duties and he was actively responsible for committing the fraud on the companypany with shri r.s.
he stated that the cash used to remain with manager cum cashier shri r.s.
32196/88 or a part thereof during the period 10.6.75 to 17.10.75 by manipulating false accounts submitted bogus cheques into the mills account or by taking cash from the chest of the retail depot along with shri r.s.
226 in the high companyrt of delhi questioning the companyrectness validity and the legality of the award made by shri kakkar.
hence this appeal by special leave.
j. appellant rajinder kumar kindra was inducted as a peon by m s raymond woolen mills limited employer for short .
the judgment of the companyrt was delivered by desai.
one shri r.s.
to what relief if any is the worker entitled ?
