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

JUDGEMENT

(1.) State Bank of India has filed the instant Letters Patent Appeal, challenging the judgment dated 15.5.2012 passed by the learned Single Judge, whereby Civil Writ Petition No. 6082 of 1992 filed by the appellant for quashing the award dated 1.11.1991 (Annexure P-6) passed by the Labour Court, ordering re-instatement of the services of the workman (respondent No.2 herein) with full back wages and all consequential benefits, has been dismissed.

(2.) After hearing learned counsel for the appellant and going through the impugned judgment as well as the award of the Labour Court, we do not find any merit in this appeal.

(3.) In this case, services of respondent No.2, who was working as Clerk-cum-Cashier with the appellant bank, were terminated with effect from 13.12.1983, on the basis of the report of the domestic enquiry conducted against him on the allegation that he was negligent in the performance of his duties, while working on the Government receipt counter on 12.5.1980, which resulted into a cash shortage of Rs. 30,000/- on that date. Undisputedly, on the same allegation, a criminal case under Section 409 IPC was also got registered against the respondent-workman. In that case, the prosecution miserably failed to establish the charge against the respondent-workman. Consequently, vide judgment dated 19.1.1982, passed by the court of Additional Chief Judicial Magistrate, Amritsar, he was acquitted of the charge. The appeal filed by the State against the said judgment of acquittal was also dismissed by this Court vide order dated 26.8.1982. It is also admitted position that when the criminal case was pending before the trial court, the appellant bank had not taken any independent departmental action against the workman and it is only after his acquittal that the charge sheet was served on him. Later on, on the basis of the enquiry report, his services were terminated.