CANARA BANK Vs. DAMODAHAR GOVIND IDOORKAR

JUDGEMENT

(1.) Leave granted.

(2.) Respondent No.1 Damodhar Govind Idoorkar was an employee of the appellant - Canara Bank. The services of respondent No.1 was terminated on the ground that he had secured employment in reserved category by producing a false caste certificate. The order of termination was challenged by way of a writ petition filed by respondent No.1. A learned Single Judge of the Karnataka High Court had allowed the said writ petition and quashed the termination order and directed the reinstatement of respondent No. 1 without any consequential benefits such as payment of back wages. The learned Single Judge also directed the Tahsildar to conduct an enquiry to ascertain whether respondent No.1 belonged to scheduled caste category or not. By a subsequent order, it was clarified that the Bank was free to take whatever action on the basis of the enquiry to be conducted by the Tahsildar on the question of caste certificate of the respondent No. 1. The respondent No.1 had challenged the aforesaid order by filing an appeal before the Division Bench of the High Court insofar as it denied him consequential relief of back-wages. When the said appeal was pending before the Division Bench, the Tahsildar, in compliance with the order of the learned Single Judge, after hearing the respondent No. 1, had passed the order holding that respondent No.1 was not a scheduled caste, but it was held that respondent No. 1 belonged to Baandhi community which was a backward class.

(3.) The order of the Tahsildar, after remand, was again challenged by respondent No. 1 by filing a writ application. In this background, the Division Bench by the impugned order directed the Bank to pay full back wages to respondent No.1, which had accumulated during the pendency of his termination. It is this order, which is under challenge before us.