STATE BANK OF INDIA Vs. S.CHANDRASEKARAN

JUDGEMENT

(1.) This Appeal has been filed against the order of the learned single Judge allowing the Writ Petition filed by the first respondent challenging the award passed by the Industrial Tribunal and setting aside the award of the Industrial Tribunal.

(2.) The case of the appellants before this Court is that the appellant is the bank and the first respondent, an employee while he was serving in Ramanathapuram Branch of the appellant, a charge memo dated 30.08.2014 was issued against him containing seven charges. Altogether, the main crux of seven charges is based on the allegation of temporary misappropriation of Rs.10,000/- belonging to another customer and held the same for a period, more than two months for special gain. After issuing of charge memo, an enquiry was conducted and the first respondent employee was dismissed from service by the disciplinary authority by order dated 15.05.2005. Subsequently, an appeal was preferred by the first respondent to the appellate authority which came to be rejected by its order dated 30.03.2006, wherein the appellate authority modified the punishment of dismissal from service into removal from service.

(3.) The first respondent employee initiated proceedings before the Conciliation Officer under the Industrial Disputes Act and thereafter, having failed in the conciliation proceedings, the Government of India, Ministry of Labour, by order dated 18.04.2007 referred the dispute regarding non-employment of the first respondent to the Industrial Tribunal, which later came to be numbered as I.D.No.17/2007. The Industrial Tribunal, before whom the appellant bank and the first respondent employee contested and produced evidences, and after a detailed enquiry and adjudication, the Tribunal by its order dated 26.06.2009 confirmed the order passed by the appellate authority and sustained the order of removal from service of the first respondent. The award passed by the Industrial Tribunal came to be challenged in W.P.No.6806 of 2010 before the learned single Judge. By order dated 04.12.2013, the learned single Judge had allowed the Writ Petition thereby, quashing the award passed by the Tribunal and had set aside the punishment of removal imposed on the first respondent. The learned single Judge further directed the appellants herein to reinstate the first respondent with 50% backwages with continuity of service and attendant benefits. This order passed by the learned single Judge is under challenge by way of intra court Appeal before us.