BANK OF INDIA Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The subject-matter of challenge, in this writ petition, by the employer, is an award dated 23rd February 2009 passed by the Central Industrial Tribunal at Calcutta holding the workman not guilty of the charge under Clause 19.5(j) of the bipartite settlement.The Tribunal has consequently set aside the order of dismissal passed by the disciplinary authority and has directed reinstatement with 50% of the back wages. The workman has made a counter-claim seeking payment of 100% back wages.

(2.) The facts and circumstances of the case briefly are stated as follows:

(3.) An enquiry was conducted wherein he was found guilty of the aforesaid charge and an order of dismissal was passed on 31st March 1998. An appeal preferred by the workman was dismissed by an order dated 7th August 1998. The petitioner challenged the order of dismissal by way a writ petition which culminated in an order dated 20th November 2003 by which the matter was relegated to the Industrial Tribunal. On 14th June 2004 a reference was made by the Central Government. The issue formulated was as follows: