CANARA BANK Vs. GENERAL SECRETARY

JUDGEMENT

(1.) This writ petition is filed under Article 226 and 227 of Constitution of India by the second party-employer, calling in question the correctness of the judgment and award dtd. 26/7/2019, passed by the Central Government Industrial Tribunal-cum-Labour Court, Bengaluru (for short, 'Labour Court'), in case No.CR.131/2007, seeking for the following reliefs :

(2.) The brief facts of the case as per the materials available on record are that, one H.S.Chandrasekhar Pandit (hereafter referred to as 'an employee'), was working as a Clerk in Syndicate Bank, Basarikatte Branch, Shivamogga, at the time of incident. He is a member of the first party, i.e., Labour Union. The said employee availed a housing loan at a concessional rate admissible to an employee of the Bank, for purchasing a site, as well as putting up construction thereon. The said loan was granted according to the terms and conditions of the agreement and it was also agreed between the employee and the Bank that the amount would be released in stages based on the progress of the house construction made by the employee.

(3.) It is the further case of the Bank that the employee purchased the site and amount of the said site was directly paid to the owner of the land. As per the terms of the agreement, the employee had to furnish a certificate from the concerned Civil Engineer regarding progress in the construction. The employee obtained forged and fabricated certificate of a Civil Engineer-cum- Contractor and he had also forged the signature of Manager of Syndicate Bank, Hindupura Branch, stating regarding progress in the construction of the said building and with the help of the said forged documents, from time to time, availed installments of the said loan amount. But in fact, he had not constructed the building above the plinth level.