STATE BANK OF INDIA Vs. RAM PRATAP

JUDGEMENT

(1.) RAJIV SAHAI ENDLAW Though writ petitions of prior to the year 2000 are pending consideration but this writ petition is taken up for hearing out of turn in the circumstances herein after appearing.

(2.) THE challenge in this petition is to the award dated 1 st October, 2004 of the Industrial Tribunal on the following reference:- "Whether the action of the Management of the State Bank of India in dismissing Shri Ram Pratap from service w.e.f. 15.05.1991 was legal and justified? If not, to what relief(s) the workman is entitled to and from what date?"

(3.) A perusal of the award shows that the only finding returned therein and on the basis of which the reference has been answered, is of the departmental inquiry conducted by the petitioner prior to the order of dismissal of the respondent workman being vitiated. It has as such been enquired from the counsel for the petitioner whether the petitioner had not sought any opportunity to prove the alleged misconduct before the Industrial Tribunal. The counsel for the petitioner invites attention to the reply/written statement filed before the Industrial Tribunal and in para 3 of the preliminary objections whereof the petitioner had stated as under:-