UNION OF INDIA Vs. M L KUREEL

JUDGEMENT

(1.) HEARD Sri Vijay Ratan Agarwal, learned counsel for the petitioner and Sri A. K. Dwivedi, learned counsel appearing for the contesting respondent no. 1.

(2.) AWARD of the Central Government Industrial\ Tribunal-cum-Labour Court, Kanpur, hereinafter called the respondent no. 2, dated 24th December, 1985 rendered in Industrial Dispute No. 192 of 1981 in the matter of dispute between the respondent no. 1 and the petitioner, referred under section 10 of the Industrial Disputes Act, 1947, hereinafter called the Act, directing the reinstatement of the respondent no. 1 is under challenge in this petition under Article 226 of the Constitution of India.

(3.) IT cannot be disputed that the position of Cashier/Godown Keeper of the petitioning Bank is that of absolute trust and confidence which should not be manned by a person who has been found to be guilty of forgery and attempt to make unlawful gain by submitting false and inflated madical bills. With the finding that the respondent no. 1 committed forgery by submitting false and inflated bills staring it is difficult to conclude that the petitioner should continue to repose trust and confidence in the respondent no. 1. The petitioner is, therefore, entitled to, invoke and plead loss of confidence to resist reinstatement of the respondent no. 1.