R.K. Agrawal, J. - (1.) By means of the present writ petition, the petitioner ANZ Grindlays Bank plc, now Standard Chartered Grindlays Bank, seeks a writ, order or direction in the nature of certiorari quashing the order dated March 7, 1997 and the award dated August 28, 1997 passed by the Central Government Industrial Tribunal, Kanpur, the respondent No. 1, in Industrial Dispute No. 81 of 1992.
(2.) By means of the order dated March 7, 1997, the Tribunal had decided the preliminary issue as to whether the domestic enquiry conducted by the management was not fair and proper in favour of the workman, the respondent No. 2, by holding that the enquiry officer was not properly appointed and further the domestic enquiry was not conducted in a fair and reasonable manner as the workman was not afforded full opportunity to defend himself. The Tribunal vide its award dated August 28, 1997 had held that the dismissal of the workman based on the charge sheet dated January 27, 1988 is bad in law and he is entitled for reinstatement with back wages.
(3.) Briefly stated the facts giving rise to the present petition are as follows: The petitioner is a foreign bank and is carrying on its banking activities in India with the permission of the Reserve Bank of India. It has several branches including the one at Kanpur. On January 12, 1988 an unfortunate incident took place in which the respondent No. 2 workman had manhandled one Mr. P.K.Seth, an officer of the said branch, by slapping him on the face and pulling his tie. According to the petitioner, this incident was preceded by some abusive language used by the two other employees of the bank. The petitioner suspended the respondent No. 2 on January 15, 1988 and issued a charge sheet on January 27, 1988. The relevant portion of the charge sheet is reproduced below: ".... The moment Mr. Sharma went out you along with the outsider pulled Mr. Seth's tie from his neck and man-handled 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 October 19, 1966 which reads as under: 19.5(c) drunkenness or riotous and 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 misconducts.";