STATE BANK OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed for quashing an Award of the Central Government, Industrial Tribunal (hereinafter referred to as 'the Tribunal') holding that the action of the petitioner while terminating the service of the workman-respondent No. 3 (hereinafter referred to as'the respondent') was not justified and as such the respondent was entitled to be reinstated in the service of the bank with full back wages.

(2.) The case of the respondent is that he was appointed as Guard-cum-Messenger against permanent vacancy on temporary basis by the competent authority of the State Bank of India. He joined the said post on 2-2-1972 at Kadamkuan Branch of the State Bank. He continuously worked at Kadamkuan Branch till 21-1-1975 and thereafter he was transferred to Bihar School Examination Board Branch of the Bank where he joined on 21-1-1975. Again he was transferred to Fraser Road Branch of the Bank where he joined on 1-7-1975. Since 26-11-19J5 he has been stopped from performing his duty by the Manager of the said Fraser Road Branch of the Bank. This led to an industrial dispute, which was ultimately referred by the appropriate Government to the Tribunal in the following words :

(3.) While the reference was being heard by the Tribunal, the petitioner filed a writ application [C. W. J. C. No. 1195 of 1981 (R)] before this Court for quashing an order dated 36-7-1981, passed by the Tribunal, rejecting the prayer of the petitioner for adjournment and calling upon the parties to adduce evidence. A Bench of this Court disposed of the said application at the admission stage itself on 30-7-1981 without hearing the respondent. A direction was given to the Tribunal to give reasonable time to the petitioner to produce itS witnesses and then to dispose of the proceeding in accordance with law.