AZIM Vs. SARV UP GRAMIN BANK

JUDGEMENT

(1.) This petition is directed against the award dated 28.02.2012 passed by learned Presiding Officer, Industrial Tribunal, Karkardooma Courts, Delhi in I.D. No.40/2010 whereby it was held that the termination of services of the petitioner was legal and justified and he was held entitled to no relief. The petitioner has also impugned order dated 08.02.2011 passed in the aforementioned industrial dispute whereby the learned Tribunal allowed the application of management and granted it opportunity to prove the misconduct committed by the petitioner.

(2.) Shorn off unnecessary details the facts leading to the present petition are that the petitioner was offered the post of driver-cummessenger by the respondent vide letter dated 20.01.1988. He was confirmed retrospectively w.e.f. 21.01.1989 to the said post vide letter dated 23.02.1989. Vide office order dated 25.01.2002, the petitioner was transferred to Duhari Branch of the Bank as a Messenger. The petitioner assailed the order of his transfer to the Duhari Branch before the High Court of Allahabad by way of a writ petition bearing W.P.(C) No.5464/2002, which was disposed of vide order dated 24.09.2003 holding that there was no legal error or arbitrariness in the order impugned in the said petition. It was observed by the High Court, in the said order that the services of the employee were transferable and he had been sent to Branch office to work as Messenger. The Senior Manager was also directed to consider assigning the petitioner duties of a driver whenever the work of driver would become available with it.

(3.) The petitioner joined Duhari Branch of the Bank on 20.12.2003. Thereafter, the petitioner received a show-cause notice dated 17.09.2007 wherein certain allegations were levelled against him and he was called upon to submit his reply to the same. In the said show cause notice it was alleged that the petitioner failed to perform the tasks allotted to him such as sealing daily vouchers, maintaining the voucher book, delivery of stationary and post from branch office, etc.