- (1.) HEARD Sri Satish Chaturvedi, learned counsel for the petitioner and Shri Sanjay Srivastava, learned counsel appearing on behalf of respondent no. 2.
(2.) PRESENT writ petition is directed against the award dated 26.10.2006 passed by the Central Government Industrial Tribunal cum Labour Court, Sarvodaya Nagar, Kanpur, U.P. in Industrial Disputes Case No. 2 of 2003. The following dispute was referred to the Tribunal for adjudication vide notification dated 27.1.2003 issued by the Central Government, Ministry of Labour, New Delhi: - "Whether the action of the management of State Bank of India, in awarding punishment of dismissal from service of Shri Shyam Karan Anand, w.e.f. 10.11.1999 is legal and justified? If, not, to what relief the workman is entitled to -
(3.) THE facts as narrated in the writ petition are that the respondent no. 2 was working as Cashier cum Clerk in the State Bank of India, Allahabad. He was placed under suspension and criminal proceedings were subsequently initiated against him. The FIR was lodged and a Case Crime No. 805 of 1996 under Section 419, 420 and 406 I.P.C. was registered. The charge -sheet was served upon the respondent workman on 8.8.1996. There were 21 charges against the respondent workman regarding fraudulent misappropriation of money from the accounts of various customers of the Bank. The enquiry was commenced on 22.11.1997 and 22 opportunities/dates were given to the respondent workman to prove his innocence. The workman did not participate in the enquiry. The Enquiry Officer proceeded ex -parte and submitted its report dated 14.5.1999. However, the Disciplinary Authority vide letter dated 25.6.1999 advised the Enquiry Officer to provide at least one more opportunity to the charged employee. Accordingly, 4.8.1999 was fixed as the last date which was communicated to the workman by the registered post vide letter dated 5.8.1999. The employee again failed to appear and the enquiry proceedings were concluded ex -parte on 4.8.1999. The Enquiry Officer has sent a letter to the Disciplinary Authority to treat his findings given in the enquriy report dated 14.5.1999 as a final report. A show cause notice alongwith the photocopy of the enquiry report was sent to the workman on 21.10.1999 which was admittedly acknowledged by him. However, he did not submit any explanation to the show cause notice, as a result of which the Disciplinary Authority passed the final order dated 10.11.1999. Aggrieved, the respondent no. 2 workman preferred an appeal before the Appellate Authority which was dismissed on 29.3.2000. Challenging the order passed by the Appellate Authority, a writ petition no. 20930 of 2000 (Shyam Karan Anand vs. State of U.P. and others) was filed. In the said writ petition, affidavits were exchanged between the parties and when the matter came up for hearing, this Court was not inclined to interfere in the matter and as such a request was made by the learned counsel for the petitioner to dismiss the petition on 12.4.2002 as not pressed with liberty to the petitioner to approach the Labour Court. Pursuant to the order passed by this Court, the proceedings were initiated which have been culminated in the award dated 26.10.2006. The Presiding Officer, Central Government Industrial Tribunal (C.G.I.T.), Kanpur passed the impugned award and directed for reinstatement of the respondent workman with his entire back wages together with annual graded increment on the premises as if his services have never been removed by the bank and it was further directed that the workman will be entitled for his seniority and all other consequential benefits.;