UNION BANK OF INDIA Vs. JITENDER KUMAR

JUDGEMENT

(1.) The present petitions have been preferred challenging the impugned award dtd. 1/11/2017 passed in ID No. 257/2011 by Ld. Presiding Officer, Central Government Industrial Tribunal Cum Labour Court No. 1, Room No. 38-A (GF) Karkardooma Courts Complex, Shahdara, Delhi whereby the Labour Court held that termination of the services of the workman Mr. Jitendra Kumar was illegal and rather than reinstatement, has directed the management bank to pay the workman monetary compensation to the tune of Rs.1,00,000.00 and interest.

(2.) While the management has challenged the award in W.P.(C) 4391/2018, the workman has challenged the award in W.P.(C) 9138/2023 to the limited extent that the relief of reinstatement with full back wages and continuity in service has been denied by the Labour Court. Since both the challenges pertain to the same award, they are being heard and decided together.

(3.) The facts of the case in a nutshell are that workman was working as a peon with the management since 10/9/2003 and was drawing salary of Rs.5,764.00 per month. It was his case before the Labour Court that he was in continuous service till 6/2/2006, when he was removed by the management from duties on allegations of theft. Subsequently, vide letter dtd. 16/2/2006, the management informed the workman that he was accused of committing a theft of Rs.33,000.00 from the strong room of the management/bank. The workman sent a demand notice dtd. 29/12/2006 which went unanswered. The Conciliation proceedings were also unsuccessful. Thereafter, the appropriate government referred the dispute for adjudication vide order dtd. 15/5/2008 to the Labour Court consequent to which the impugned award came to be passed.