CENTRAL BANK OF INDIA Vs. SHYAM LAL JAIN

JUDGEMENT

(1.) THIS writ petition filed by the Central Bank of India (hereinafter referred to as the petitioner) is directed against an award of Central Government industrial Tribunal (CGIT) dated 31. 10. 2006 in L. C. A. No. 129/2000 directing the petitioner management to calculate the Privilege Leave accrued to the respondent in between 14. 03. 1977 to 10. 10. 1994 and make payment of the same at his last drawn salary within 3 months from the date of the order.

(2.) BRIEFLY stated the facts of the case relevant for disposal of this writ petition are that the respondent was appointed as a Clerk with the petitioner w. e. f. 31. 08. 1966. In the year 1975, when he was working at Madipur Delhi branch of the petitioner Bank, he was served with a charge-sheet dated 20. 06. 1975 and a departmental inquiry was instituted against him. He was placed under suspension, pending the said inquiry which culminated in his discharge by an order passed by the petitioner bank dated 14. 03. 1977. The respondent aggrieved by his discharge, raised an industrial dispute which was referred by the Central Government for adjudication to the Central Government Industrial Tribunal, New Delhi, which made an award dated 09. 02. 1989 setting aside the discharge of the respondent and directing his reinstatement with continuity of service and payment of 50% back wages to him.

(3.) THE said award passed by the CGIT was challenged by the petitioner bank in this Court and this Court remanded the case back to the CGIT for fresh decision after giving an opportunity to the petitioner bank to lead evidence. Pursuant to the said order of this Court, the CGIT vide its award dated 15. 03. 1994 again directed reinstatement of the respondent but with 25% back wages. Consequent thereto, the respondent was reinstated in service by the petitioner bank w. e. f. 10. 10. 1994 and was also paid 25% of pay and allowances which he would have drawn from the date of his discharge till his reinstatement i. e. 14. 03. 1977 to 10. 10. 1994.