BANK OF INDIA Vs. SHARAD RAJARAM KHADTARE

JUDGEMENT

(1.) The issue that arises for consideration in the present Petition is whether an employee dismissed from service on commission of grave misconduct, who raises belated industrial dispute, can be permitted to take advantage of his own wrong and whether his dismissal can be set aside only on account of employer 's inability to produce complete enquiry proceedings before the Industrial Tribunal.

(2.) The Respondent-employee was dismissed from service on 18/10/2000 but raised industrial dispute 13 years later on 14/10/2013 leading to making of reference by the appropriate Government. The Bank had destroyed records relating to disciplinary enquiry and was unable to produce the same before the Industrial Tribunal. Inability of the Bank to produce evidence recorded in the enquiry has led to a situation where the Industrial Tribunal has held the findings of the enquiry officer to be perverse. Due to long passage of time, the Bank was also not able to prove the charges before the Industrial Tribunal. The Tribunal has accordingly held Respondent 's dismissal order to be illegal.

(3.) The issue arises in the light of challenge raised by the Petitioner-Bank of India to Part-I Award dtd. 9/8/2024 and final Award dtd. 23/1/2025 passed by the learned Member, Industrial Tribunal Pune, in Reference (IT) No.26 of 2014. By the Part-I Award, the Industrial Tribunal has held the enquiry to be fair, proper and legal. However, the findings of the Enquiry Officer are held to be perverse. By the Final Award dtd. 23/1/2025, the Tribunal has declared termination of the Respondent to be illegal and has directed the Petitioner-Bank to pay full backwages to the Respondent from the date of termination i.e. 18/10/2000 till attaining the age of superannuation with consequential benefits and continuity of service.