Madras High Court observes misconduct must be established with concrete proof

A workman was terminated on the charges of serious misconduct of theft of food grains, sugar, fabricating false account and generating bogus bills. An FIR was also lodged against the workman under section 457 and 380 of IPC. Later he was acquitted by the criminal court pursuant to which the workman challenged the disciplinary proceedings before the Labour Court. The Labour Court upon reappreciation of evidence found that the charge of theft cannot be proved merely on the basis of the letter of inspector of police; additionally, no stock records were presented before the Labour Court and it was accepted by the management witness that the charge of deficit stock cannot be proved unless stock registers are produced, further the charges of bogus bill was found unsubstantiated. Based on the findings, Labour Court invalidated the disciplinary proceedings. The management challenged the order of the Labour Court before Single Judge bench and the Single Judge bench also arrived at similar conclusion. The management further appealed before the division bench vide W.A. No. 1402 of 2024 and C.M.P. No. 10142 of 2024, wherein the Division Bench found the order of Labour Court to be valid and dismissed the appeal.