UCO BANK Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The petitioner UCO Bank which has filed this writ petition challenging the order dated 5.9.1990 of respondent No. 1, namely. Central Government Industrial Tribunal (hereinafter referred to as 'CGIT' for short) whereby petitioner Bank is asked to lead the evidence first in the industrial dispute raised by respondent No. 2/ Workman and pending before CGIT. Before adverting to the controversy, it would be appropriate to recapitulate the facts in brief.

(2.) Respondent No. 2 was working as Assistant Cashier at Naraina Branch of the petitioner Bank. On 19.10.1983 charge-sheet was issued to him alleging that he had fraudulently altered payment of Rs. l,200.00 in token book to Rs. 4,200.00 . Enquiry was held. Enquiry officer submitted his report dated 8.4.1985 holding that charges against the workman as per charge sheet dated 19.10.1983 were proved. Disciplinary Authority issued show cause notice dated 6.2.1985 proposing the punishment of dismissal of workman from service. Workman submitted his representation. However, Disciplinary Authority passed order dated 21.10.1985 imposing the punishment of dismissal from service. His appeal before the Appellate Authority also failed thereafter. Workman raised industrial dispute against his dismissal from service, which was referred by the Government of India, Ministry of Labour vide Reference No. L-12012/526/86- D II(A) of 1987. On receiving the reference, notices were issued by the CGIT to the parties. Workman filed his statement of claim to which petitioner Bank filed its reply and thereafter workman filed his rejoinder. Parties filed their respective documents, which were admitted and denied and thereafter following issues were framed by CGIT:

(3.) After framing the aforesaid issues, CGIT directed the petitioner Bank to lead its evidence first.