KARNATAKA VIKAS GRAMEENA BANK A REGIONAL RURAL BANK CONSTITUTED UNDER THE PROVISIONS OF THE REGIONAL RURAL BANKS ACT Vs. SHANTINATHA ANNASA PATIL AND ORS.

JUDGEMENT

(1.) THE petitioner is before this Court assailing the award dated 23.08.2008 passed in C.R. No. 31/2003.

(2.) THE Central Government Industrial Tribunal -cum -Labour Court ("CGIT" for short) by its award dated 23.01.2008 has set aside the action initiated by the petitioner - Management and has directed them to reinstate the first party workman into service with 50% of back wages from the date of punishment.

(3.) THE learned counsel for the petitioner while assailing the award passed by the CGIT would contend that the Tribunal at the first instance, by its order dated 23.06.2005 has held that the domestic enquiry held by the petitioner to be fair and proper. In that view, it is contended that the CGIT having done so ought not to have in the present circumstance re -appreciated the evidence available on record and thereafter come to a different conclusion. It is further contended that the CGIT even while appreciating the evidence has arrived at a wrong conclusion that the complainant -Smt. Akka Tai Patil had not been examined. It is his contention that the other evidence available on record is sufficient and the workman also has a duty to examine the witness and in any event, the strict rule of evidence contained in the Evidence Act to domestic enquiry would not be applicable and therefore, the Labour Court ought to have considered this aspect of the matter.