- (1.) Heard Sri Vivek Ratan, learned counsel for the petitioner-bank and Sumit Rani Gupta, learned counsel for the respondent no.2-workman and the learned Standing Counsel for the respondent no.1.
(2.) The petition raises a challenge to the impugned award dated 23rd September, 1997 whereby the domestic inquiry instituted against the respondent-workman has been found to be legally unsustainable on the ground that the disciplinary authority who proceeded to impose the punishment was incompetent to proceed with the disciplinary proceedings and, therefore, the punishment awarded to the respondent-workman was an exercise in futility. Accordingly, the Labour Court has proceeded to deliver the award directing reinstatement with back wages.
(3.) The petition was entertained and the operation of the award was stayed whereafter affidavits have been exchanged between the petitioner and the respondent no.2.;