BANK OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner-Bank, learned Counsel for Union of India and learned Counsel for Respondent No. 3-workman.

(2.) The writ application has been filed for quashing the award dated 21.9.2000 passed by the Industrial Tribunal, Patna in Reference Case No. 14(C) of 1998 by which it has been held that the termination from service of Respondent No. 3 with effect from 14.8.1989 without any domestic enquiry and without complying with the provisions of Section 25F of the Act, is illegal and he is entitled to reinstatement with 50% of the back wages with effect from 14.8.1989 with a further direction to implement the award within a period of two months from the date of publication of the award.

(3.) The brief facts of this case are that the Respondent No. 3 was empanelled as Budlee Sepoy-cum-Tea/Water Boy after obtaining the names from the Employment Exchange in the year 1986. The admitted position is that the Respondent No. 3 worked for 247 days in different Branches as such in the year 1987. Thereafter he has worked in the other years. A complaint dated 4.3.1989 was received from Sarvoday Nav Yuvak Vikas Parishad on 9.3.1989 alleging that the Respondent No. 3 had suppressed his real age in order to get selected in the panel of Budlee Sepoy in which complaint the matriculation Admit Card, marks sheet of matriculation and false certificate of non-matric was enclosed. On an investigation being made, it was prima facie, found that the date of birth in the original matriculation certificate was mentioned as 4.5.1969 which was subsequently cut and changed to 10.3.1966. However, even before the report of investigation could be submitted on 18.11.1989 by the Investigating Officer, by order dated 14.8.1989, the Respondent No. 3 was disengaged from the panel of Budlee Sepoy. The Respondent No. 3 for the first time raised an industrial dispute before the Assistant Labottr Commissioner, Patna by sending his demand notice dated 18/20.1.1997 to the management. Upon failure of the conciliation, the Government of India by notification dated 23.7.1998 referred the following question for adjudication by the Industrial Tribunal, Bihar, Patna: