GENERAL SECRETRY SYNDICATE BANK STAFF UNION Vs. DEPUTY GENERAL MANAGER SYNDICATE BANK THIRUVANANTHAPURAM

JUDGEMENT

(1.) These Writ Appeals are directed against the judgment of the learned Single Judge in W.P. (C) No. 15759/2006. The said Writ Petition was filed by the Deputy General Manager of the Syndicate Bank, Regional Office, Thiruvananthapuram, challenging Exhibit P-2 award of the Central Government Labour Court, Ernakulam, in I.D. No. 8/1995. The learned Single Judge interfered with the said award. Feeling aggrieved by the interference made by the learned Judge, the Employees' Union has preferred W.A. No. 2425/2007. Dissatisfied with the extent of interference, the Management has preferred W.A. No. 2608/2007. Since these Writ Appeals are directed against the very same judgment, they are heard and disposed of by this common judgment.

(2.) W.A. No. 2608/2007 is treated as the main case, for the. purpose of referring to the parties and exhibits. The brief facts of the case are the following:

(3.) The management served a charge-sheet, containing the above allegations, on the workman, on November 30, 1991. The workman did not file any reply to the charge-sheet. According to him, he requested for copies of various documents to file his reply and since they were not furnished, he could not file the reply. The Enquiry Officer submitted his report dated July 28, 1993, finding the workman guilty of the charges. Based on the enquiry report, he was dismissed from service on March 28, 1994. The Appellate Authority confirmed the punishment. The workman, through his Union, raised an Industrial Dispute. The Government referred the said dispute to the Labour Court, as per Government Order dated April 18, 1995. The dispute referred was "Whether the action of the Management of Syndicate Bank, Trivandrum in dismissing Sri. J.P. Prabhakar, Special Assistant from service with effect from March 28, 1994 is legal and justified If not, what relief is the said workman entitled to -