DECISION This appeal arises from order of the Sixth Labour Court, Hyderabad accepting the grievance petition of Ali Akber Clerk, setting aside hi; dismissal order by the Fauji Sugar Mills and reinstating him in service with back benefits.
2. Respondent Ali Akber was employed in the Fauji Sugar Mills as a Clerk. It was his duty to ascertain the weight of the sugarcane supplied to the mills by recording the gross weight of the cart and its contents and again recording the weight of the cart after unloading the contents and thereby recording in the Register the weight of sugarcane supplied. Four cases were detected in which Ali Akber had tampered with the actual figures and altered the weight of the sugar-cane supplied. He was therefore charge-sheeted and an Enquiry Officer was appointed to hold the enquiry against him. Ali Akber raised objections that the Enquiry Officer was not an impartial officer but his objection was rejected. The report of the enquiry showed that Ali Akber was guilty and he was dismissed from service by an order dated 17-3-1991. Respondent Ali Akber did not accept the punishment alleging that he had not been supplied copies of enquiry proceedings and the enquiry report.
3. The alteration of the figures in the weighment cart has been admitted, but the respondent denies that the alteration was made by him though he was Incharge of making such entries in the cards.
Respondent Ali Akber and another clerk Mr. Altaf were on duty at the Weighing Bridge but there was no allegation against Mr. Altaf. Respondent had only taken his oath that he had not made such alterations in the four cards in question, and the entries might have been altered by some one afterwards. The learned Labour Court therefore found that forgery on the part of the respondent had not been fully proved.
4. On this date of hearing in appeal the respondent and his advocate have remained absent. Mr. Karamat Ali for the appellant Sugar Mills has argued that the respondent was the Incharge Clerk who made entries on the cards and in the Register, and he could not therefore escape liability for the A alteration. There are no arguments in rebuttal.
5. The order of the Labour Court is therefore set aside and the appeal is allowed.