YEMANURA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) THE above appeal is filed against the order dated 25 -2 -2013 made in W.P. No. 4566 of 2008 by the learned Single Judge setting aside the order dated 20 -11 -2007 made in C.R. No. 45 of 2003 by the Central Government Industrial Tribunal -cum -Labour Court confirming the dismissal order dated 20 -11 -1993 passed by the respondent -Bank.

(2.) IT is the case of the appellant that he was appointed as daily rated temporary sweeper in the month of Sept. 1979 and got promoted as Bill Collector -cum -Peon in the year 1986. While he was working as Bill Collector -cum -Peon at Mandipet Branch, Davanagere, it was alleged that the appellant has committed theft of Demand Draft Books, Authority Cheques, Introduction Letters and misused the same forging signatures of Authorised Officers and personally encashing the amount of Rs. 3,08,000/ - at various Branches of respondent -Bank. On the basis of the allegations, a charge memo dated 28 -6 -1993 came to be issued alleging that he has committed certain grave acts of misconduct. The said charges are denied by the appellant. Therefore, the Enquiry Officer was appointed. The criminal case was registered in C.C. No 758 of 1996 for the offences punishable under Sections 381, 468, 420 and 201 of Indian Penal Code, 1860 and after trial the appellant was acquitted on 7 -6 -2001. However, before the judgment could be delivered in the said case, the appellant was dismissed from service by an order dated 20 -11 -1993.

(3.) BEING aggrieved by the said order of dismissal, the appellant filed the appeal before the Appellate Authority who after considering the entire material on record by its order dated 18 -7 -2002 rejected the appeal, Therefore, the appellant has raised an industrial dispute under the provisions of Sec. 10(1)(a) and 10(1)(d) of the Industrial Disputes Act, 1947. The same was referred to the Central Government Industrial Tribunal -cum -Labour Court.