SADHANA SAHAKARI BANK LTD. Vs. DWARKA LEKHRAJ JAGGYASHI

JUDGEMENT

(1.) In Complaint ULP No.595 of 1999, the Labour Court recorded the finding that the enquiry conducted against the respondentcomplainant in respect of the charges of misconduct including that of misappropriation of amount, was fair, proper and legal. It has also been held that the findings recorded by the Enquiry Officer are not perverse. However, the order of dismissal passed on 30.08.1999 was set aside holding that the punishment of dismissal was totally disproportionate to the charges of misconduct proved against the complainant. The complainant was directed to be reinstated in service with continuity and the claim for backwages was rejected.

(2.) Revision ULPA No. 230 of 2002 and Revision ULPA No. 227 of 2002 preferred by the employee and the employer were dismissed by the Industrial Court, Nagpur, by its judgment and order dated 11.08.2004. The Industrial Court concurred with the findings recorded by the Labour Court on merits and it has further been held that the sympathy shown by the Labout Court does not call for any interference. The employer is, therefore, before this Court in this writ petition, which was admitted on 01.12.2004 and interim stay was granted to the reinstatement of the respondent in service, which is continued till this date.

(3.) Undisputedly, the respondent was working as Cashier in the petitioner Bank and was holding Saving Bank Account No. 3885, Ledger No. 21, Folio No. 1718. While transferring the account Folio No. 19, the respondent increased the balance in his own account by Rs.6000/ and made it to Rs.7934.20 instead of Rs.1934.20, which was shown on 01.08.1990. He burnt ledger No. 21, Folio No. 1718 so that the Bank could not know the transfer entry of Rs.1934 on Folio No. 19, which was increased by Rs.6000/. The amount of Rs.6000/ was withdrawn by the respondent from the said account on 06.10.1990, which he utilized till 04.09.1991 when he redeposited that amount in response to the show cause notice issued to him on 31.08.1991. For this act, the punishment of stoppage of one increment was inflicted upon him.