RASTOGI, J. - (1.) Leave granted.
(2.) The instant appeal is directed against the judgment and order dated 21st November, 2014 passed by the High Court of Judicature at Allahabad upholding the reinstatement with full back wages awarded by the Tribunal dated 14 th September, 2006.
(3.) The facts in brief which are relevant for the purpose are that the respondent­workman was an employee of the appellant-­Bank and for the alleged delinquency which he had committed on 12 th January, 1988 in discharge of his duties, a charge­sheet dated 27th January, 1988 was served upon the respondent-­workman with the allegation of drunkenness within the premises of the appellant­Bank and for manhandling and assaulting the senior officers and also hurling abuses at the management. The relevant portion of the charge­sheet dated 27th January, 1988 reads as under:­ "You are aware that the hearing in the court case No.5887/83 was fixed for 13.1.88 in which you are also a party. On 12.1.88 during office hours Mr. Bachchoo Lal Mishra and Mr. P.K. Seth, officer of the bank tomorrow there is a court case so do not mark me late as I will go the court direct from my house. Mr. Seth told you and Mr. Mishra that you should first come to the Bank, sign the attendance register and only thereafter you should go to court. In the evening again at about 5.30 PM you alongwith Mr. B.L. Mishra approached Mr. Seth and told him not to mark Mr. B.L. Mishra late on 13.1.88 and that he would go to the court straight from his house without first reporting to the bank. Mr. Seth asked you and Mr. Mishra to first come to the bank, sign the attendance register and then go to the court. You and Mr. Mishra then asked Mr. Seth to talk to Mr. Sikka, Assistant Manager (Operation) who in turn advised Mr. Seth to write court case in the attendance register which fact was advised to you as also to Mr. Mishra. On the same day i.e. 12.1.88, Mr. Seth alongwith Mr. Arun Sharma were in the office at about 9.00 PM and were going to close the branch when you alongwith Mr. B.L. Mishra, Mr. Than Singh and an outsider entered the bank hall in a drunken state and started discussing the issue regarding marking late in the attendance register. Mr. A. Sharma tried to pacify you and the others by pointing out that such requirements are normal norms of the office and that the officers were carrying out the instructions on the senior officers and that such requirements are only as per office rules. It is reported that both Mr. Mishra and Mr. Than Singh abused the Management/Officers as you were looking on Mr. Than Singh said: "Ek Ek ko dekh lenge, Maa chod dunga, Ek ek ki tang tod denge." Mr. Misra abused thus: 'Maa chod dunga. Ek Ek ki maa chod dunga.' With persuasion of Mr. Arun Sharma and Mr. Seth, officers of the bank, you alongwith the others went out of the bank hall and stood in the bank's compound as Mr. Sharma, locked up the premises. Again both Mr. Misra and Mr. Than Singh started abusing Mr. Seth and the Management in logon ke maa chod denge. Salon ke tange tod denge. In the meantime Mr. Sharma went to the residence of Mr. Sikka in the bank compound to deposit the bank's keys. The moment Mr. Sharma went out you alongwith the outsider pulled Mr. Seth's tie from his neck and manhandled and slapped him resulting in his spectacles being broken and he also got a bruise on his left eye. The above said acts on your part if proved will constitute the following gross misconduct under paragraph 19.5 of the Bipartite Settlement dated 19.10.66, which reads as under: 19.5 (c): Drunkenness or riotous or disorderly or indecent behaviour on the premises of the bank and (d) Doing any act prejudicial to the interest of the bank, and you are hereby charged with the above gross acts of misconduct." ;