SYNDICATE BANK Vs. MEENAKSHI R SHETTY

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging the award dated 10.5.2011 in C.R.No.83 of 2001 passed by the Central Government Industrial Tribunal-cum-Labour Court, Bangalore, hereinafter referred to as 'the Tribunal' allowing the reference and directing reinstatement of the respondent with back wages and consequential benefits, while directing payment of cost.

(2.) The brief facts of the case are that the respondent was working as a clerk at Kankanady Branch of the petitioner Bank from 5.8.1985till 20.6.1998, when she was relieved on transfer to the Regional Office, Belgaum. The petitioner bank served the respondent with a charge sheet dated 31.07.1998 alleging commission of misconduct by the respondent, while, she was performing the duty of cashier on 05.01.1998 and 12.01.1998. The charges leveled against the respondent was that she received a sum of Rs.5,492/- on 5.1.1998 from Sri Krishna Nayak towards water consumption charges pertaining to a building standing in the name of Mr.Abdul Rahaman T and for credit of the current account of Mangalore City Corporation. The respondent issued a counterfoil to the remitter duly initialed by her, but failed to account the said amount in the books of accounts of the petitioner bank. Later, the remitter approached the petitioner bank and made a grievance that the amount had not been remitted to the account of the Corporation of the City of Mangalore and hence, he had to pay amount of Rs.5,492/- along with interest and thus, a total sum of Rs.5,730/-. The said complainant was also enclosed with a copy of the customer portion's of the said challan dated 5.1.1998 in support of the complaint.

(3.) On being questioned, the respondent confessed before the Scroll Officer of the petitioner bank that she has received the amount from Sri Krishna Nayak, but has not accounted the said amount in the books of the petitioner bank. The respondent undertook to reimburse the amount to Sri Krishna Nayak directly.