AMBALA CENTRAL CO-OPERATIVE BANK LTD , AMBALA CITY Vs. PRESIDING OFFICER, LABOUR COURT, AMBALA AND ANOTHER

JUDGEMENT

(1.) This petition has been moved by the Amabla Central Cooperative Bank Limited, Ambala City under Articles 226/227 of the Constitution of India for quashing the award dated 2.6.1988 (Annexure P.4) vide which the termination of services of the respondent- Banta Ram (hereinafter to be referred as 'the workman') has been declared illegal.

(2.) The brief facts giving rise to this petition are that the workman was appointed as a Manager of Cooperative Society. Later on, he was redesignated as Secretary on probation for a period of two years in the pay-scale of Rs. 110-225/-. The appointment letter was issued on 9.9.1976. He joined on 18.9.1976. During his probation period, his work and conduct was not found to be satisfactory. On 6.3.1979, the Managing Director of the petitioner-Bank issued an order extending the period of probation of the workman, whose services were governed by the rules called the Haryana State Central Co- operative Banks Staff Service (Common Cadre) Rules, 1975 (for short, 'the Common Cadre Rules"). As provided in Rule 5(iv) of the Common Cadre Rules, every person appointed to any post in the service by promotion or direct recruitment shall remain on probation for a period of two years from the date of appointment unless it is extended for a further period not exceeding one year and during his probation period, an employee directly recruited shall be liable to be discharged from service without giving any notice and opportunity. An employee promoted from a lower post to higher post shall be liable to be reverted to the lower post, if his work and conduct is found unsatisfactory. The workman was appointed on probation for two years. While working as Secretary in Ratauli Cooperative Society, he made advances frequently to Shamsher Singh and Inderjit Singh on 20.2.1978, 8.3.1978, 15.5.1978, 30.6.1978 and 24.7.1978 amounting to Rs. 13,700/- without any specific purpose and without obtaining permission of the Members of the Managing Committee of the Society. He misutilised the funds of the Society. Similarly, the closing balance of the cash book on 20.2.1978 was Rs. 6,556.76. However, while carrying over the opening balance on 1.3.1978, he showed as Rs. 5,556.76. In this way, he embezzled Rs. 1,000/-. A proper inquiry was ordered. He intentionally did not participate in the same. The Inquiry Officer submitted its report reaching to the conclusion that he has misappropriated and embezzled the money. The petitioner instead of proceeding with the inquiry report decided to discharge the workman from the bank service. His appeal was rejected on 4.10.1979. Thereafter, he raised an industrial dispute which was referred for adjudication to the Labour Court, Ambala. Vide award dated 2.6.1988 (Annexure P.4), the termination of services of the respondent- workman has been declared illegal. Feeling aggrieved therewith, the petitioner has filed this petition.

(3.) In his written statement, the workman has inter-alia pleaded that the petitioner-Bank after having filed writ petition in this Court has decided vide resolution dated 17.5.1996 passed by the Board of Directors to permit him to join his duty as a Secretary. He is continuously working as a Secretary in various Societies since the decision of the petitioner-Bank dated 17.5.1996. It has been alleged that the answering respondent has neither made any embezzlement in any society nor any inquiry was ever held. Lastly, it has been prayed that this petition may be dismissed with costs.