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| Sales Girl of JAKFED suspended in 1987 gets justice after 20 years | | Tribunal orders pay, suspension allowance along with Rs 10,000 cost of litigation | | JAMMU, SEPTEMBER :DK Kapoor Judicial Member of J&K Special Tribunal Jammu in a significant judgment dismissed revision petition filed by JAKFED against the order of Joint Registrar passed on June 4, 1994 and ordered that petitioner Asha Koul is entitled to salary and directed JAKFED to pay her 10 months salary @ Rs 500 per month from the date of her suspension and suspension allowance from April 18, 1988 @ 50% for the first 6 months and 75% thereafter till she remained suspended. Tribunal also directed the JAKFED to pay to Asha Koul Rs 10,000 as cost of litigation and further directed to pay the salary, suspension, allowance and litigation cost within 3 months.
Mr. DK Kapoor, after hearing Adv Rajesh Sharma appearing for the JAKFED and Adv Minu Koul appearing for the respondent, observed that Asha Koul was appointed as Sales Girl in JAKFED Jammu on February 5, 1987 and was placed under suspension on December 4, 1987 on the charge of misappropriation/ theft of confiscated clothes at the JAKFED shop. On the basis of enquiry conducted by the then Joint Registrar Co-operative societies Jammu, as he was appointed Arbitrator by the Registrar Co-operative societies, Asha Koul filed appealed before the Special Tribunal against the finding of the then Arbitrator which was remanded back by the then Member Judicial Mr. GD Sharma (retd Justice J&K High Court) on February 4, 1993 with the direction to conduct a fresh enquiry into the matter. After denovo enquiry by the Joint-Registrar Co-Op Societies, it was held that the allegation of independent charge of shop No 3 could not be established and therefore Joint Registrar, exonerated Asha Koul of all the charges. Against the finding of Arbitrator JAKFED filed this revision petition before the Special Tribunal at Jammu which was decided by the Judicial Member Mr. DK Kapoor.
While dismissing the revision petition of JAKFED Mr. DK Kapoor observed that there is no substance in the allegation that Asha Koul was given independent charge of the prestigious sales vend where confiscated goods were being sold particularly when there is no such order and Asha Koul was only a beginner without any special training for sale of such goods, held that Asha Koul is entitled and JAKFED shall pay her 10 months salary @ Rs 500 per month from the date of her suspension and suspension allowance April 18, 1988 till she remains suspended. Tribunal also directed the JAKFED to pay to Asha Koul Rs 10,000 as cost of litigation and further directed to pay salary, suspension allowance and cost of litigation within three months
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