KOLHAPUR DISTRICT BANK EMPLOYEES UNION, THROUGH ITS PRESIDENT Vs. THE PRATHMIK SHIKSHAK SAHAKARI BANK LIMITED

JUDGEMENT

(1.) THIS is a Complaint by an approved and recognised union alleging unfair labour practices under items 9 and 10 of Schedule IV of the M.R.T.U. and P.U.L.P. Act, 1971. Admittedly, the Complainant Union is recognise and approved under the BIR Act, 1946 for all Talukas of Kolhapur District except Karveer, Hatakanagale and Shirol. The Respondent Bank issued show cause notices to its two employees namely Shri Parte and Shri Patil alleging certain misconducts and called upon them as to why legal action should not be taken against them. Both employees gave their explanation. The Bank informed that the explanation is unsatisfactory, misconduct is grave and serious for which they are liable to be terminated, however, opportunity to improve needs to be extended and therefore, punishment of stoppage of one increment permanently, is imposed.

(2.) IT is case of the Complainant Union that both employees of Respondent Bank are its members and it is espousing cause of employees as an approved and recognised union. It is alleged that no enquiry regarding alleged misconduct is held. In fact, those two employees have not committed any misconduct. Even then, punishment of stoppage of one increment which is in contravention of Model Standing Orders is imposed. The punishment is for no reasons, imposed with undue haste and thus an unfair labour practice. Consequently, the Union has prayed for requisite declaration by setting aside the punishment.

(3.) THE Bank further contends that misconducts committed by those two employees are serious, warranting dismissal, however, minor punishment is imposed so as to extend an opportunity of improvement. Minor punishment is awarded and hence no enquiry is necessary. Finally, it justified the punishment and prayed for dismissal of the complaint.