CANARA BANK Vs. UNION OF INDIA

JUDGEMENT

(1.) Impugned Award of 22nd April, 2004 directs reinstatement of respondent-workman in service with continuity and all consequential benefits except back wages, upon finding that the dismissal of respondent was unjustified. Respondent-workman was working as Class-IV/Sub-staff with petitioner-Bank when his services were terminated on 5th Dec., 1989. Respondent was departmentally tried on the following charge:- Charge

(2.) On conclusion of the Inquiry, respondent was found guilty and his services were terminated on 5th Dec., 1989. It is a matter of record that respondent had unsuccessfully preferred a departmental appeal and thereafter, had sought Reference, which stands answered vide impugned Award. The Central Industrial Dispute Tribunal-cum-Labour Court (hereinafter referred to as the Tribunal) on the basis of evidence of petitioner's Manager and the evidence of respondent herein, has rendered the impugned Award.

(3.) The facts already noted in impugned Award need no reproduction as it is beyond challenge that domestic Inquiry was fairly and properly conducted by petitioner against respondent-workman. Pertinently, respondent had not disputed the fairness of the Inquiry before the Tribunal. While relying upon paragraph No. 19 of first Bipartite Settlement, the Tribunal has concluded as under: -