MEHNDI HUSSAIN Vs. PRESIDING OFFICER CENTRAL INDUSTRIAL TRIBUNAL CUM LABOUR COURT KANPUR
LAWS(ALL)-2003-9-88
HIGH COURT OF ALLAHABAD
Decided on September 29,2003

MEHNDI HUSSAIN Appellant
VERSUS
PRESIDING OFFICER, CENTRAL INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, KANPUR Respondents

JUDGEMENT

Rakesh Tiwari, J. - (1.) Heard counsel for the parties and perused the record. This writ petition has been filed challenging the validity and correctness of the award dated 17.3.1997 passed by the Presiding Officer, Central Government Industrial Tribunal-Cum-Labour Court, Kanpur Nagar in Industrial Dispute No. 170 of 1984 (hereinafter called as C.G.I.T.). The petitioner has prayed that compensation of Rs. Ten thousand awarded to him in lieu of reinstatment of service be enhanced to Rs.2.5 lacs.
(2.) The petitioner, who is an Ex- military person was appointed as Armed Guard on 15.1.1970 on temporary basis at Allahabad Branch of the State Bank of India and subsequently he was selected for the post of Armed Guard and was appointed on substantivee basis on probation in the same branch on 9.7.1971. The contention of the petitioner is that he was charged of having submitted a fabricated and forged certificate on 9.7.1971 allegedly issued by the Principal, R.R.K. Secondary School, Dalipur, District Pratapgarh. His services were terminated w.e.f. 5.2.1972 on this ground. An FIR was lodged under Sections 467,468,420 and 471 IPC against the petitioner. He was chargesheeted and thereafter acquitted by the Chief Judicial Magistrate, Allahabad vide his judgment and order dated 27.3.1979. After acquittal the petitioner approached the Bank for his reinstatement and he was informed that his services were terminated w.e.f. 22.2.1972.
(3.) The petitioner raised an Industrial Dispute which was referred by the Central Government of India vide its order dated 28.5.1982 for adjudication to the Central Government Industrial Tribunal-Cum- Labour Court, Kanpur where it was registered as Adjudication Case No. 170 of 1984. The Tribunal vide its award dated 22.11.1984 upheld the termination of the workman. The said award was challenged by the workman by means of writ petition no. 1493 of 1985 which was finally decided vide judgment dated 2nd May 1994. The matter was remanded back to the C.G.I.T. After remand the management filed an additonal written statement stating therein that the bank had lost confidence in the workman.;


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