- (1.) Heard Mr. Gopal Kumar Srivastava, learned Counsel for the petitioner and Mr. Radhey Shyam Mishra, opposite parties no.3, who appeared in person.
(2.) This writ petition, under Article 226 of the Constitution of India, has been filed against the common judgment and order dated 01.10.1999 passed by learned IVth Additional District Judge, Gonda in Appeal No.5 of 1988 (Radhey Shyam Mishra Vs. Branch Manager, Central Bank of India, Gonda and another) and Appeal No.9 of 1988 (Branch Manager, Central Bank of India and another Vs. Sri Radhey Shyam Mishra), whereby Appeal No.9 of 1988 was dismissed in which the order dated 27.01.1988 passed by the Prescribed Authority in P.W. Case No.85 of 1985 was confirmed. The petitioner inter alia has also challenged the award dated 27.01.1988 passed by opposite party no.2-Prescribed Authority in DCPW Case No.85 of 1985 (Radhey Shyam Mishra Vs. Branch Manager, Central Bank of India and another), whereby opposite party no.2 awarded Rs.9,260.16 paise as wages to opposite party no.3-Radhey Shyam Mishra plus six times compensation amounting to Rs.55,560.96 paise.
(3.) Facts in brief are that petitioner-Central Bank of India is a Nationalised Bank and is constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Contesting opposite party Radhey Shyam Mishra was employed as a Clerk in the Central Bank of India and vide order dated 22.01.1983, while he was posted in Lal Bahadur Shastry Degree College Extension Counter, Gonda, was placed under suspension w.e.f. 25.01.1983 on account of willful insubordination and violent behaviour in the premises of Branch. The suspension order was served to the contesting opposite party on 24.01.1983. Subsequently, charge-sheet dated 05.02.1983 was issued to the contesting opposite party. During pendency of the disciplinary proceedings, the contesting opposite party filed Suit No.214 of 1983 in the Court of Munsif for injunction and the same was rejected on 20.10.1984 and appeal filed against the said order also met the same fate.;