BANK OF INDIA Vs. SHARANAPPA HOSMANI

JUDGEMENT

(1.) This petition is filed by M/s. State Bank of India [referred to as 'the Bank'] calling in question the Award dtd. 31/12/2013 in C.R.No.128/2007 by the Central Government Industrial Tribunal-cum-Labour Court, Bangalore [for short, 'the Tribunal'], and the Tribunal, by the impugned Award dtd. 31/12/2013, has allowed the Central Government's Reference under Ss. 10(1)(d) and 10(2-A) of the Industrial Disputes Act, 1947 [for short, 'the ID Act'] setting aside the Bank's order compulsorily retiring the respondent, who was working as a Clerk-cumCashier with its Yadgiri Branch, holding that he shall be entitled for reinstatement, continuity of service, full back wages and all consequential benefits that he would have received if he was not compulsorily retired.

(2.) This Court, on 25/6/2014 has stayed the operation of the Tribunal's order, but on 31/1/2015, the interim order is continued subject to compliance with Sec. 17B of the ID Act. The Bank has applied for modification of this order, and this application is rejected observing that if the Bank does not pay back wages, the interim order cannot be granted. It would flow from this that the Bank has paid the wages under Sec. 17B of the ID Act to the respondent. This petition is dismissed for default on 21/6/2024 but is later restored on 2/12/2024 for final disposal.

(3.) The Bank has served the respondent with the Articles of Charge imputing that [a] he caused the impersonation of Smt. Mallamma W/o Bheemanna [in whose favour the Banker's cheque dtd. 14/5/1998 was drawn for a sum of Rs.1,50,000.00], [b] he opened a Special Term Deposit for this amount for encashment on 14/5/1998, and [c] using an imposter, applied for demand loan and secured a loan of Rs.1,10,000.00 as against the Special Term Deposit.