STATE BANK OF INDIA AND ORS. Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND ORS.

JUDGEMENT

(1.) Challenge in the present petition has been directed against award dated 09.07.2019 (Annexure P1) and order dated 25.09.2018 (Annexure P2). The petitioners pray for issuance of writ of certiorari for setting aside Annexures P1 and P2.

(2.) A brief backdrop of the case is that respondent No.2, an employee of petitioner bank was chargesheeted in respect of articles of charge, detailed in para 10 of the petition. On conclusion of disciplinary proceedings, the authority vide order dated 06.11.2013 imposed penalty of dismissal from service without notice. Conciliation proceedings were initiated by the Assistant Labour Commissioner (Central) but could not be concluded. Respondent No.2 filed a claim petition under Section 2A(2) of the Industrial Disputes Act, 1947. The Tribunal vide order dated 18.02.2016 framed issues on fairness of inquiry. Respondent No.1 passed award dated 09.07.2019 (Annexure P1) holding that none of the charges except charge No.1 is proved against respondent No.2. Respondent No.1 modified punishment of dismissal to compulsory retirement with all consequential benefits Counsel for respondent No.2 raised a preliminary objection qua jurisdiction of the Court, noticed in order dated 02.07.2020. A relevant extract therefrom, reads as follows:-

(3.) For learned counsel for the parties to go through the judgments in detail and to address arguments thereafter, adjourned to 08.07.2020.