TARANBIR SINGH Vs. GENERAL MANAGER

JUDGEMENT

(1.) Present writ petition is challenge to the award dated 07.11.2014 (Annexure P17), passed by learned Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court-I, Chandigarh (hereinafter referred to as "learned Tribunal"), whereby the reference was decided against the petitioner.

(2.) Facts relevant for the purpose of decision of present petition that petitioner was appointed by respondent No.1-Bank on 13.01983 at Delhi. In June, 2000, some of the relatives of petitioner-workman made complaint against him to the Senior Superintendent of Police, Ludhiana, which was duly investigated and the same was dropped. As per petition, the workman never used the name of the Bank or misused his official position. There was no financial loss to the Bank because of conduct of petitioner. However, the workman was removed from service on 11.08.2001.

(3.) As per petitioner, he was charge-sheeted on 14.05.2001 and departmental enquiry was conducted. Meanwhile, the management issued a circular dated 14.12.2000 calling for all the employees for seeking voluntary retirement. The workman applied under the said scheme for voluntary retirement vide application dated 14.02.2001, but the same was rejected by the management on 25.04.2001. Petitioner filed an appeal against the said decision of the management refusing voluntary retirement to him. However, the representative of the Union had given an assurance to the workman that his voluntary retirement could be considered on the conclusion of the departmental enquiry. On that ground, petitioner did not contest the enquiry proceedings and the same were concluded in few minutes. The Enquiry Officer gave his finding holding the charges to be proved. The Disciplinary Authority awarded the punishment of removal from service without disqualification for future employment on 27.06.2001. The appeal of workman was dismissed. As per petitioner-workman, he had accepted the charges on the assurance that he would be allowed voluntary retirement on the conclusion of departmental enquiry.