D. P. Singh, J. - (1.) Heard learned counsel for the parties.
(2.) This writ petition is directed against an award of the Industrial Tribunal dated 12th March, 1986, by which the workman has been reinstated with full back wages.
(3.) Brief facts for the decision of this petition are that the respondent workman a permanent employee of the petitioner bank, while he was working as permanent messenger two instruments with railway receipts were received in the main branch, they were found missing. On enquiry, it was revealed that the delivery of the consignments (the fiscal instruments) had been taken by some one after making forged endorsement. The petitioner bank lodged two first information report on 24th July, 1976 and 19th July, 1976 and on investigation, the police arrested the workman on 6.8.1976 and, therefore, he was placed under suspension. On further investigation by the police it was revealed that delivery of consignment was taken by one Rajendra Prasad, the real brother of the workman, apparently with the connivance of the workman. However, due to want of clinching evidence, the police filed final report. The suspension of the workman was revoked on 19th June, 1979. It is stated that since the workman held a post of confidence in that he was in custody of such instruments in transit, which confidence was wavered, therefore, on 27.9.1983, he was terminated invoking paragraph 522 (1) of the Shastri Award, after making payment of compensation as provided therein. The labour court held that since loss of confidence was based upon workman's negligence, therefore, negligence being a misconduct ought to have been proved in a domestic enquiry giving a chance to the workman to meet the charge. Thus, after lifting the veil of the order simplicitor, it was found that the order was stigmatic and also juniors having been retained, it was violative of the provisions of U. P. Industrial Disputes Act, 1947. Thus, directed reinstatement with full back wages.;