SADANANDAN Vs. REGIONAL MANAGER STATE BANK OF INDIA

JUDGEMENT

(1.) This appeal arises out of the proceedings of the Appellate Authority under the Kerala Shops and Commercial Establishments Act, 1960, the Act for short, which directed the reinstatement of the appellant herein, with back wages and attendant benefits, as a messenger in the service of the State Bank of India, Alleppey branch. He had been dismissed from service earlier for alleged misconduct, after a domestic enquiry. He filed an appeal to the Bank authorities under the terms of the Sastri Award which was of no avail. Afterwards he moved the Appellate Authority under the Act by way of appeal under S.18 of the Act. Both parties adduced evidence in the appeal. But without going into that evidence, the Appellate Authority came to the conclusion that the domestic enquiry was vitiated by the violation of the principles of natural justice. The Authority found that there was no proper enquiry and 'no reasonable evidence was adduced by the respondents' (Bank authorities) to prove the charges which have to be declared as null and void'. Then the authority considered the evidence adduced at the domestic enquiry and found that the charges have not been proved. Consequently reinstatement of the worker was directed or in lieu of such reinstatement to pay his half a monthly salary plus DA. for each year of service.

(2.) When that order was questioned in this court in OP No. 3313 of 1979, a learned single Judge of this court pointing out that the Appellate Authority should have rested his decision on the evidence that had been adduced before him remitted the case for fresh disposal on that basis. Since the question of limitation in the matter of filing the appeal before the Appellate Authority had been raised, the Appellate Authority was also directed to consider that point also.

(3.) This decision of the learned Judge was challenged by the Management in Writ Appeal, WA No. 147 of 1981. That appeal was eventually dismissed. Consequently the matter went back before the Appellate Authority.