GODSON A. RODRIGUES Vs. SVC COOPERATIVE BANK LTD

JUDGEMENT

(1.) I have before me a Bank Employee, who is accused of availing housing loan at concessional rate of interest for construction of a house, which he never indeed constructed. Upon charge being proved in the Domestic Enquiry, the Bank has dismissed him from service. Having been unsuccessful before the Labour Court in Part-I and Part-II Awards, Petitioner has knocked the doors of this Court.

(2.) Petition arises out of challenge raised by Petitioner to Part-I Award dtd. 15/2/2020 as well as the Final Award, dtd. 23/8/2022 passed by the Labour Court, Mumbai in Reference (IDA) No.95-D/2019. By Part-I Award, the Labour Court held that the enquiry conducted against Petitioner is fair and proper and that the findings recorded by the Enquiry Officer are not perverse. By Part-II Award, the Labour Court has proceeded to answer the Reference in the negative and has held that the Petitioner is not entitled to get the relief of reinstatement, continuity or Back Wages.

(3.) Briefly stated, facts of the case as pleaded in the Petition are that Respondent is a Co-operative Bank registered under the provisions of the Multi State Co-operative Societies Act, 2002. Petitioner joined the Respondent-Bank on 24/7/2007 as Sub-Staff. He was promoted on the post of Clerk w.e.f. 1/10/2010 and was confirmed in service as Clerk on 1/4/2011. The Respondent-Bank has formulated 'SVC Bank Employees Housing Loan Regulations 1984', which are modified from time to time. Under the Housing Loan Scheme, an Employee is entitled to housing loan upto Rs.22,00,000.00 at concessional rate of Interest of 5% p.a.