UNION BANK OF INDIA Vs. AHMED VALIMOHAMMED NOTIYAR

JUDGEMENT

(1.) Petitioner Is A Scheduled Bank Where Respondent was working as Daftary in Manavadar branch of petitioner bank. For alleged misconduct and insubordination so also the allegation of misbehaviour and negligence, three chargesheets were issued against the respondent on 3.6.1986,21.7.1986 and 22.10.1986. Inquiry Officer Mr.K.J.Macwan was appointed to conduct these inquiries. The charges eventually were held as proved. The report also was submitted. The respondent also was superannuated. In all the three, this was common inquiry of three charges and eventually the penalty of dismissal was imposed on 26.5.1987.

(2.) The Respondent Filed A Regular Civil Suit No.403 of 1987 before the Court of learned Civil Judge, Junagadh for declaration and permanent injunction which came to be rejected invoking the provisions of Order VII Rule 11 of the Code of Civil Procedure on 29.1.1996. After rejection of plaint, respondent approached the conciliation officer raising the disputes in relation to his dismissal. The Central Government vide its order dated 7/14.8.1987 made a reference under section 10(1)(d) of the Industrial Disputes Act and the matter was referred to the Central Government Industrial Tribunal, Rajkot ("the Tribunal" for short) for adjudication. The dispute raised is reproduced as under:

(3.) Thus, The Reference Was Registered As Reference (ITC) No.38 of 1997. The statement of claim was made by respondent alleging the breach of principles of natural justice and on other grounds. The written statement denying all allegations also was submitted by the petitioner herein. The Reference was transferred in post May, 2004 period from Industrial Tribunal, Ahmedabad. As no notice was served upon the petitioner of such a transfer, the stage of the petitioner bank adducing the evidence was closed at the behest of the respondent. The award came to be passed ex parte on 19.5.2006 allowing partial reference and directing the petitioner to treat the respondent workman in continuous service on his original post from the date of dismissal i.e. 26.5.1987 till his date of retirement i.e. 6.11.1995 with 60% backwages from the date of dismissal till retirement. The bank came to know about the same when it received communication dated 12.10.2006 from the respondent, after he filed recovery application.