V K HANDA Vs. UCO BANK

JUDGEMENT

(1.) IN the present appeal order impugned is dated 25.3.2009 passed by learned Single Judge whereby allowing the writ petition by setting aside the award of the Central Government INdustrial Tribunal-cum-Labour Court (hereinafter referred to as the Labour Court), restoring punishment of removal from service.

(2.) BRIEF facts of the present case are that the appellant and R.N. Chopra (deceased) were charge-sheeted on 12.10.1998 with the allegation that R.N. Chopra (deceased) caught J.B. Bansal, Assistant Manager of Raipur Rasulpur Branch, from hair and thrashed him with blows. V.K. Handa, appellant herein also thrashed the Assistant Manager with his chappal and thereafter both of them shouted in loud voice and disrespective words were used against the management and J.B. Bansal, Assistant Manager of the Bank. Reply submitted by them were not found satisfactory. In a domestic inquiry, both the workmen participated. On the basis of evidence led by the parties, charges against the workmen were found fully proved. Penalty of dismissal from service was proposed and personal hearing was given to the workmen. The competent authority passed the order of dismissal from service. Workmen preferred an appeal. The appellate authority after hearing the workmen modified the order of punishment of dismissal to removal from service in the case of both the workmen. Both the workmen raised disputes. The Labour Court vide order dated 13.2.2004 observed as under: that punishment meted out to the workmen was disproportionate to the misconduct alleged and approved against them. The Labour Court has held that enquiry has been conducted in fair and proper manner and there is no infirmity in the enquiry which is in accordance with the principles of natural justice. Exercising the powers conferred under Section 11-A of the Industrial Disputes Act, 1947, the punishment of removal is substituted with the punishment of stoppage of four increments for one year to meet the ends of justice. The workman is ordered to be reinstated in service with seventy five percent back wages and other benefits and the punishment is substituted as mentioned above.

(3.) LEARNED Single Judge vide judgement dated 25.4.2009 allowed the writ petition of the bank, however, dismissed the writ petition of the legal heirs of R.N. Chopra.