PUNJAB AND SIND BANK Vs. JAI SINGH

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 28/8/2006 (Annexure P-1) whereby Central Government in terms of Sec. 10 read with 2A of Industrial Disputes Act, 1947 (for short 'ID Act') has referred the matter to Central Government Industrial Tribunal- cum-Labour Court, Chandigarh.

(2.) The petitioner is a nationalized bank. The respondent No.1 (for short 'respondent') was its employee. The respondent joined petitioner as Clerk in 1983. In 1990, he was posted as Clerk-cum-Cashier in Raipur Rani Branch of the petitioner. The petitioner initiated disciplinary proceedings against him alleging misappropriation of Rs.51,500.00. An enquiry officer was appointed who concluded against the respondent. The disciplinary authority vide order dtd. 24/12/1991 awarded punishment of dismissal from service. The respondent preferred an appeal before appellate authority which came to be dismissed vide order dtd. 26/10/1994.

(3.) The petitioner-bank on one hand initiated disciplinary proceedings and on the other lodged FIR against the respondent. The police investigated the matter and filed its report under Sec. 173 Cr.P.C. The trial Court vide judgment dtd. 29/4/2005 acquitted him. After acquittal, the respondent approached labour authorities. The Under Secretary, Ministry of Labour, Government of India vide order dtd. 28/8/2006 referred the dispute for adjudication to Industrial Tribunal.