UCO BANK Vs. VIJAY KUMAR HANDA & ANR

JUDGEMENT

(1.) This Intra-Court Appeal is directed against the decision of the Ld. Single Judge dated 14.3.2016 in CWP No.2490 of 2014.

(2.) The Respondent No.1 was originally a Clerk in the Appellant/Bank. He along with co-employee R.N.Chopra had allegedly assaulted another Bank Employee. The disciplinary proceedings against the two assailants were drawn up and the respondent was dismissed from service vide Order dated 14.11999 by the Disciplinary Authority. In the appeal filed by him, the Appellate Authority vide its Order dated 16.2000 converted the punishment of dismissal into 'removal from service with terminal benefits for the period of service he had rendered' and it was further ordered that such removal would not be a disqualification for his future employment. The respondent raised an Industrial dispute and the Labour Court vide its Order dated 13.2004 substituted the punishment awarded by the Appellate Authority, by way of directing stoppage of four increments for one year, but reinstated him in service with 75% back wages. The Writ Petition filed by Respondent No.1 against the award was dismissed and the LPA preferred against such decision was also dismissed by the Division Bench. Thereby the punishment imposed by the Labour Court again became operational.

(3.) The respondent No.l thereafter submitted his request for release of his retiral benefits. On 25.10.2012, the contribution made by him towards Provident Fund was released in his favour. However, the other pensionary benefits were not released.