ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT

JUDGEMENT

(1.) These intra court appeals are directed against the order dated 5 June 2012 in W.P.Nos.33212 of 2007 and 9579 of 2008, whereby and whereunder, the learned single Judge after quashing the punishment imposed by the Disciplinary Authority, directed the appellant to pay 50% of the back wages.

(2.) The appellant initiated disciplinary proceedings against the second respondent, who was employed as Assistant (accounts/cash) Tirukoilur Branch. He was placed under suspension on 27 May 1999, pending initiation of disciplinary proceedings. Thereafter, proceedings were taken by appointing an Enquiry Officer. The Disciplinary Authority taking into account the report submitted by the Enquiry Officer, imposed the punishment of dismissal from service. The first respondent raised a dispute before the Central Industrial Disputes cum Labour Court, Chennai. The Tribunal set aside the punishment. However, the plea for back wages was denied. Feeling aggrieved by the award dated 21 May 2007, in I.A.No.36/2006, two Writ Petitions were filed before the writ court, one by the appellant and another by the second respondent. The learned single Judge took up both the Writ Petitions together and by way of a common order dated 5 June 2012, dismissed the Writ Petition filed by the appellant. The Writ Petition filed by the second respondent was partly allowed by directing the appellant to pay him back wages at 50%.

(3.) The Division Bench entertained the Writ Appeal filed by the Bank and passed an order dated 21 August 2012 to the effect that the appeal would be heard only on the question of back wages. The Division Bench made it clear that the only issue to be decided in the appeal is as to whether the workman is entitled to back wages or not. The portion of the impugned order insofar as the direction for payment of back wages was stayed.