STATE BANK OF INDIA Vs. DARSHAN KUMAR JINDAL

JUDGEMENT

(1.) DARSHAN Kumar Jindal, Plaintiff -Respondent, was appointed as a Clerk in the Imperial Bank of India on July 2, 1945. He was confirmed on January 2, 1946. By virtue of State Bank of India Act 1955, he became an employee of State Bank of India. He was dismissed by the State Bank of India after enquiry on June 28, 1963. The departmental appeal filed by him also failed on November 25, 1963.

(2.) THE matter was taken up for reconciliation and when reconciliation failed, the Reconciliation Officer moved the Government of India for reference of the dispute to the Labour Tribunal under Section 10 of the Industrial Disputes Act, 1947. The Government of India refused to refer the industrial dispute with regard to the dismissal of the Plaintiff, - -vide order, dated April 17, 1965. It may be stated that the reconciliation proceedings were started on the authorisation of the Plaintiff which was espoused by the workmen of the State Bank of India as represented by the Staff Association, When the Government of India refused to refer the dispute to the Industrial Tribunal, the Staff Association of workmen of the State Bank of India filed Civil Writ Petition No. 1322 of 1965 in this Court for a writ of mandamus directing the Government of India to refer the dispute, regarding the dismissal of the Plaintiff, for decision of the Industrial Tribunal. The writ petition ultimately came up before a Division Bench on October 18, 1966 and the writ petition was dismissed, holding that it was not necessary to go into the merits of the findings arrived at as the report was such on which the Government could have come to the conclusion that the enquiry was fair and proper one and that it was not expedient to refer the matter for adjudication.

(3.) ON the pleading of the parties, the following issues were framed: