THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.7363 OF 2008 O R D E R Heard both the counsel. 2. Aggrieved by the award dated 20.08.2007 passed by the Additional Industrial Tribunal – cum – Additional Labour Court, Hyderabad in I.D.No.1/2006, in directing the management of Andhra Pradesh Dairy Development Co-operative Federation Limited, Hyderabad, to reinstatement the workman into service with continuity of service along with all attendant benefits, except the back wages, the management filed the present writ petition. 3. The workman was appointed as NMR in the petitioner – Federation during September, 1991. While he was working at zonal officer at Malakpet, two charge sheets dated 21.8.1998 and 19.6.1999 were issued to him alleging that he absented from duty unauthorizedly from 21.3.1997 onwards for a period of 199 days along with cash of Rs.1,550-30 towards milk sale proceeds without crediting the same in APDDCF account. The workman submitted his explanation and not being satisfied with the same, enquiry was conducted and the enquiry officer found the workman guilty of the said charge and he was issued with a show cause notice and he submitted his explanation and eventually, the workman was removed from service on 1.6.2000. Challenging the same, the workman raised I.D. and by the impugned award, the removal order was set aside and he was granted reinstatement with all attendant benefits, except the back wages. Hence, the present writ petition by the management. 4. The learned Standing Counsel appearing for the petitioner – management contended that the charges against the workman were proved in the domestic enquiry and the said findings cannot be interfered with by the Tribunal and he further contended that the workman approached the Tribunal after a period of about six years and at this length of time, the claim of the workman cannot be entertained. With these contentions, he sought to set side the impugned award and confirm the order of removal. 5. The counsel for the respondent – workman supporting the impugned award sought for dismissal of the writ petition. 6. From the material available on record, it could be seen that the charges against the workman were unauthorized absence and misappropriation of the sale proceeds of milk. The explanation of the workman is that he absented from duty due to the death of his parents. The management has not placed the explanation of the workman to the said charge before the Tribunal to examine the same. The workman applied for leave and the management has not placed any material to show that the leave application of the workman was rejected and on the other hand it imposed fine for absenteeism and again framed the charge. Therefore, the Tribunal rightly found that this amounts to doubt punishment for the single allegation. The other allegation is that he misappropriated an amount of Rs.1,551/- which are the sale proceeds of milk. To this charge, the Tribunal found that no document about the actual misappropriation was placed and no evidence was filed to show that the workman dishonestly misappropriated the amount. The Tribunal also found that there was no document before the enquiry officer or before the Tribunal or anything confronted to the workman that he admitted the guilt. In the absence of any evidence, finding the workman guilty of the said charge, amounts to perversity. Therefore, the Tribunal by rightly re-appreciating the entire evidence, found that the charges against the workman are not proved. With regard to delay, it is to be noticed that the Industrial Disputes Act, 1947 is a beneficial piece of legislation and the Tribunal by relying on the judgment reported in AJAIB SINGH vs. SARHIND CO-OPERATIVE MARKETING CUM PROCESSING SERVICE LIMITED[1], held that the Limitation Act, 1963 do not apply in approaching the Tribunal. 7. For the foregoing reasons, I do not find any reason to interfere with the impugned award and the writ petition is liable to be dismissed and accordingly dismissed. No costs. AVS ------------------------------- 29—06—2011 [1] 1999 I LLJ 1260