DEPUTY GENERAL MANAGER Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Feeling aggrieved against the impugned award dated 27.12.2012 (Annexure P-13), passed by the learned Labour Court, accepting the reference in favour of the respondent-workman, thereby directing his reinstatement in service with full back wages, petitioner-management has approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for quashing the impugned award.

(2.) To unravel the controversy involved between the parties, a brief narration of essential facts would be required. Respondent workman joined services of the petitioner-bank on 20.12.1978 in Clerical Cadre. While serving as Special Assistant at Budhakhera Branch of the petitioner-bank, respondent-workman claimed to have rendered excellent service resulting in the growth of business of the bank during his stay at the abovesaid Branch. However, the respondent-workman was placed under suspension on 16.7.2009, so as to curb his alleged trade union activities, because he was the State Secretary of the UCO Bank Employees Association, Punjab, Haryana and Chandigarh Unit and also the Joint Secretary of Bank Employees Federation of India, besides being Member of its Central Committee. Respondent-workman was served with a charge sheet to which, he filed his reply. Enquiry was conducted. Based on the enquiry report, show cause notice was issued to the respondentworkman, who filed his reply which was not found satisfactory.

(3.) Consequently, the disciplinary authority, vide its order dated 25.5.2010 (Annexure P-7), ordered compulsory retirement of respondent-workman with superannuation benefits. He filed his appeal dated 11.6.2010 (Annexure P-8), which was dismissed vide order dated 9.9.2010 (Annexure P-9). Respondent-workman raised the industrial dispute. Conciliation proceedings failed and the industrial dispute was referred to the learned Labour Court for its adjudication.