MANAGEMENT OF ALLAHABAD Vs. ALLAHABAD BANK EMPLOYEES ASSOCIATION

JUDGEMENT

(1.) This Writ Appeal has been directed against the judgment and order dated 16.2.2000 passed by the learned Single Judge in C.R.No. 4838/97 by which, modifying the Award dated 30.11.96 passed by the industrial Tribunal, Guwahati the appellant was directed to reinstate its employee Shajahan Ali(here- in-after referred to as workman) with continuity in service and without loss of seniority in the post to which he would be entitled to.

(2.) The facts in a nut-shell are that Sri Shajahan AH, the workman, while working in the capacity of Clerk-cum-Cashier at Sibsagar Branch of the Appellant-Bank during the period 27.9.84 to 1.8.89, committed certain acts of commission/omission of gross misconduct for which a charge sheet dated 29.4.91 was served upon him. The appellant brought as many as 5 charges against the Workman. A domestic enquiry was held wherein the Workman was found guilty of misconduct and accordingly vide order dated 4.5.92 he was dismissed from service. Against the said order of dismissal, the workman preferred an appeal before the Authority but failed to get any relief and thereafter a dispute raised before the Labour Commissioner, Guwahati and ultimately the matter went to the Central Government who in turn referred the dispute to the industrial Tribunal.

(3.) On elaborate examination of the veracity of 5 charges against the workman, the Tribunal held that the order of dismissal of the workman from service was based on unfair labour practice and lack of good faith and consequently, the Tribunal by its award dated 30.11.96 set aside the said order of dismissal and directed the Bank-appellant to reinstate the said workman in service forthwith with full back wages without affecting any break in the service.