S.KRISHNAMURTHY Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) W.P. No. 24660 of 2002 was filed by the workman S. Krishnamurthy, who working as Messenger in the State Bank of India (for short SBI), seeking to challenge the order of the Assistant General Manager, SBI, Zonal Office, Tiruchirapalli dated 9.1.2002 insofar as Paragraph 6 as it denies the workman the benefit of backwages, attendant benefits from the date of discharge till the date of reinstatement as illegal and for a consequential direction to pay backwages, and all other attendant benefits from 18.10.1996 being the date of discharge till date of reinstatement i.e. 15.1.2002. That writ petition was admitted on 11.7.2002. On notice, a counter affidavit has been filed by the respondent SBI dated 17.10.2003. Pending the writ petition, an application in W.P.M.P. No. 33913 of 2012 was filed for interim direction to pay back wages and other attendant benefits. This Court rejected the said application on the ground that the relief claimed in the main writ petition and the Miscellaneous petition was one and the same.

(2.) The workman was initially convicted under Section 420 IPC with the punishment of 6 months rigorous imprisonment with a fine of Rs. 1000/- by the learned Judicial Magistrate, Thiruthuraipundi vide judgment dated 24.6.1996. Therefore, the Management by an order dated 18.10.1996 discharged the workman from service. The workman informed the Bank that he had filed an appeal against the said order before the Additional Assistant Judge, Nagapattinam in C.A. No. 41 of 1996.

(3.) Thereafter, the workman filed Criminal Revision Case No. 758 of 1996 before this Court. This Court permitted the workman to compound the offence and he was acquitted by an order dated 15.7.1999. On the strength of the same, the workman wrote to the Management that since the offence has been compounded, there was no conviction on record and hence requested to reinstate him in service with all benefits. As there was no reply, the workman filed W.P. No. 22539 of 2001 seeking for a direction to pass orders on his representation dated 20.12.1989. This Court disposed of the writ petition by order dated 21.11.2001 and directed the Bank to consider his representation.