- (1.) This petition under Article 226 of the Constitution of India impugns the Award dated 3rd October, 2002 of the Industrial Tribunal-cum-Labour Court, New Delhi in I.D.No.17/1994, answering the following reference:- "Whether the action of the Management of Bank of India in dismissing Shri Satya Prakash Sharma, Agricultural Assistant from service w.e.f. 5th October, 1992 is justified? If not, what relief is the workman entitled to?" In favour of the respondent no.2 workman and setting aside the order dated 5th October, 1992 of the Disciplinary Authority of the petitioner Bank (of dismissal of the respondent no.2 workman from the services of the petitioner Bank and of recovery of Rs.4,000/- with interest from the respondent no.2 workman) and directing the petitioner Bank to reinstate the respondent no.2 workman in service with full back wages and all consequential benefits.
(2.) Notice of the petition was issued and vide ex parte ad interim order dated 28th January, 2003, the operation of the impugned Award stayed. Pleadings were completed. Vide order dated 11th May, 2004 on the application of the respondent no.2 workman under Section 17B of the Industrial Disputes Act, 1947, the petitioner Bank, without prejudice to its rights and contentions, agreed to pay a sum of Rs.5,425/- per month to the respondent no.2 workman w.e.f. 17th September, 2003. Though, the parties were referred to mediation but without any success. Rule was issued in the petition on 18th May, 2007. The respondent no.2 workman filed CM No.18042/2007 stating that the petitioner Bank, during the pendency of the industrial dispute, had come out with Pension Regulations, 1995, giving an option to all the employees of the Bank to avail benefit thereof; however since the service of the respondent no.2 workman had been terminated, the respondent no.2 workman was not informed thereof and thus could not exercise the option as required to be exercised under the said scheme and, seeking a direction to the petitioner Bank to allow the respondent no.2 workman to exercise such option at that stage so as to become entitled to the benefits of the said scheme. This application is also pending consideration. On 15th March, 2010 it was informed that the respondent no.2 workman attained the age of superannuation on 31st October, 2009 and hence the payment under Section 17B of the ID Act had been stopped since November, 2009. The counsel for the petitioner Bank and the counsel for the respondent no.2 workman have been heard.
(3.) The respondent no.2 workman Shri Satya Prakash Sharma working as Agricultural Assistant with the petitioner Bank was on 24th November, 1990 charge sheeted for depositing a cheque for Rs.4,000/- received from New India Assurance Company towards insurance claim of a buffalo financed by the petitioner Bank to one Mr. Mool Chand Sharma, in the account of the said Mr. Mool Chand Sharma (borrower) instead of in the loan account of the said borrower with the petitioner Bank and having further, inspite of fully knowing that the amount so deposited could not be withdrawn, having obtained a blank signed withdrawal form from the said borrower and having filled up the said form and having withdrawn the said amount of Rs.4,000/- from the account of the borrower; he was also charged with having received in cash Rs.700/- from the borrower misrepresenting to the borrower that the said amount of Rs.4,000/- and Rs.700/- would be deposited in the loan account, and having never deposited the said amount or any part thereof in the loan account of the borrower with the petitioner Bank and having misappropriated the said sum.;