SYNDICATE BANK Vs. K.S.SRIVASTAVA

JUDGEMENT

(1.) THE challenge in this writ petition by the Syndicate Bank is to the Award dated February 01, 2000 in LCA No. 108 of 1995 passed by the Presiding Officer, Central Government, Labour Court (In short, the Court), New Delhi whereby the Court allowed the claim of the respondent No. 2 whereby directing the petitioner to pay an amount of Rs. 44948.27 P as subsistence allowance.

(2.) THE case of the respondent No. 2 was premised on the following facts: That he was suspended vide letter dated July 07, 1993. In terms of the suspension order, the petitioner bank has agreed to pay subsistence allowance as per Bipartite Settlement dated September 08, 1993 and as per that, he was entitled to full pay and allowances after July 08, 1994 but the petitioner bank had paid half of full pay and allowances as subsistence allowance.

(3.) THE claim petition of the respondent No. 2 also states that during the criminal trial, the petitioner bank initiated departmental enquiry with effect from May 01, 1995 and continued the enquiry till July 18, 1995 when the petitioner bank adjourned the enquiry proceedings. According to him, the police authorities had not communicated at any point of time that they were not intending to start prosecution nor they had come to the conclusion that there was no case for prosecution. He would challenge the conduct of departmental enquiry being in violation of Para 19.4 of the Bipartite Settlement.