UCO BANK Vs. NARESH KUMAR AND ANOTHER

JUDGEMENT

(1.) C.W.P. No. 17849 of 2004 and 4504 of 2006 are against the same award, the former having been filed at the instance of the management and the latter at the instance of the workman. By the impugned award, the punishment of removal from service had been modified and the Labour Court has substituted it by stoppage of four increments for one year. The Labour Court had also found that the departmental proceedings taken by the management resulted in dismissal at two levels. One, by the Disciplinary Authority and another by the Appellate Authority in the intra-departmental appeal that the proceedings were fair and proper. The management's writ petition is against the reduction of punishment while the workman has filed the writ petition challenging the correctness of the finding of the Labour Court that the proceedings before the domestic Tribunal were fair and proper.

(2.) The charges against the workman by the management-bank consisted as follows :-

(3.) That on 04.12.1998 at about 4.00 P.M., Sh. P.S. Saini, Assistant Manager of Bhallan Branch went inside the Strong Room to get some documents from there, you shut the Strong Room door from outside. In spite of his frantic knockings on the door the same was not opened. The door was opened by some one only after 15 minutes when Sh. P.S. Saini was almost on the verge of being suffocated.