CANARA BANK Vs. P OCENTRAL GOVT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) Heard Sri J.N. Tewari, senior advocate, assisted by Sri Tarun Verma, learned counsel for the petitioner and Sri K.P. Agrawal, senior advocate, assisted by Sri H.N. Shukla, learned counsel for the respondent workman and Standing Counsel for respondent No. 1.

(2.) This writ petition has been filed by Canara Bank (hereinafter referred to as the Bank) against the award of Central Government Industrial Tribunal-cum-Labour Court, Kanpur dated December 12, 2001 passed in Adjudication Case No. 133 of 1988. By means of the said award the Labour Court has decided the reference dated August 1, 1988 in favour of the workman, Vijay Kumar Gupta, and has held that the punishment imposed upon the employee, namely Sri Vijay Kumar Gupta, dismissal from services is not justified and has directed reinstatement with full back wages.

(3.) The facts relevant for decision of this case are that Sri Vijay Kumar Gupta who was an employee of the Bank and who was working as Special Assistant in Khairagarh Branch of the Bank, was required to work as Incharge of Demand Draft Department at Khairagarh Branch with effect from July 1, 1980. The Bank Drafts bearing No. 850010 dated June 18, 1980 and No. 850099 dated July 4, 1980 of Rs. 50,000.00 each were presented for collection at Aligarh Branch of the Bank on July 2, 1980 and at Gwalior Branch of the Bank on July 9, 1980 respectively by one and the same person, namely Ram Prakash. Both the above-mentioned Bank Drafts were issued under the signature of Sri T. C. Agrawal who was working as Accountant in Khairagarh Branch of the Bank upto June 19, 2000 only. Later on it came to the knowledge of the Bank that the said Bank Drafts were forged and were not issued by the Khairagarh Branch of the Bank. The encashment of the aforesaid Bank Drafts resulted in the loss of one lac rupees to the Bank.