SINDHUDURGA DISTRICT CENTRAL CO-OPERATIVE BANK LTD., THROUGH ITS GENERAL MANAGER Vs. SHRI AJIT PRABHAKAR GAVADE

JUDGEMENT

(1.) THIS is a Revision by Original Respondent Employer challenging legality of order passed below Exh. U -2 in Complaint (ULP) No. 138 of 2000 by the Labour Court, Kolhapur, whereby an order restraining him from awarding punishment of dismissal to its employee, pending the hearing and final disposal of main complaint, is made. Admittedly, present Respondent (hereinafter referred to as the Complainant) is working under present Petitioner (hereinafter referred to as the Bank) as a clerk. The Bank served chargesheet dated 11th September, 1998 upon the Complainant alleging various misconducts as denned under the Standing Orders. One Advocate was appointed as an Enquiry Officer. The enquiry was part -heard as on 1st February 2000. It was then kept on 11th February 2000 for further hearing.

(2.) IT is case of the Complainant that the Enquiry Officer conducted the enquiry against the principles of natural justice and completed the same with undue haste. Besides, copy of the enquiry report is not delivered to him. He read agenda of Board Meeting dated 14th June, 2000 and then realised that the Bank is likely to terminate his services illegally and improperly on the basis of perverse findings of the Enquiry Officer.

(3.) THE Bank filed its say -cum -written statement at Exh. C -9 contending that the Enquiry Officer completed the enquiry fairly, proper and findings thereof are well justifiable. Respective documents were delivered to the Complainant. Enquiry report was delivered to the Complainant on 19th June, 2000 and thus, it is entitled to take appropriate legal action. Finally, the Bank justified its action. It produced enquiry papers on record.