K. MOHAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This writ appeal is filed against the order made in W.P.No.30252 of 2008 dated 16.4.2010 wherein the appellant has challenged the Award made in I.D.No.56 of 2002 dated 22.1.2004 on the file of Central Government Industrial Tribunal-cum-Labour Court, Chennai.

(2.) Heard Mr.R.Arumugam, learned counsel appearing for the appellant and Mr.S.Kanniah, learned counsel appearing for the 1st respondent.

(3.) The Labour Court awarded reinstatement of the appellant with continuity of service, back wages and also other attendant benefits. The 1st respondent Bank having aggrieved, filed the writ petition in W.P.No.30252 of 2004, which was allowed by the learned single Judge holding that Industrial Tribunal should not have interfered with the quantum of punishment. The grounds on which the Industrial Tribunal interfered are that the disciplinary authority is not the competent authority to impose the punishment and principles of natural justice was violated, while imposing the punishment by the disciplinary authority and the back wages and retirement benefits were ordered to be paid. The learned single Judge set aside the Award by holding that those findings are unsustainable and without taking into account whether the appellant was gainfully employed in all those days.