ARUN TANDON, J. - (1.) HEARD Sri Ashok Trivedi, learned counsel for the petitioner, Sri K.N. Mishra, learned counsel for respondent No. 1 and learned Standing Counsel for the State-respondent.
(2.) BANK of Baroda has filed this writ petition against the award of the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Kanpur dated 20th January, 2009 in Industrial Dispute No. 35 of 2005 (S.K. Kool v. General Manager, HRM and GA Bank of Baroda, Mumbai) as notified on 29th January, 2009 by the Government of India. Facts relevant for deciding the present writ petition are as follows: Respondent-workman, S.K. Kool, was employed with the petitioner-Bank as Clerk-cum-Cashier-cum-Godown Keeper. He was served with a charge-sheet dated 20th November, 2001. The Disciplinary Authority of the Bank, after conclusion of the departmental proceedings, in exercise of powers conferred by Paragraph-12 (e) of the "ALL INDIABIPARTITE SETTLEMENTS AND SUPPLEMENTED BY BANK LEVEL SETTLEMENTS" (hereinafter referred to as the "BIPARTITE SETTLEMENTS"), has proceeded to impose following punishment vide order dated 19th September, 2003: "REMOVAL FROM SERVICE WITH SUPERANNUATION BENEFITS AS WOULD BE DUE OTHERWISE AND WITHOUT DISQUALIFICATION FROM FUTURE EMPLOYMENT”.
(3.) COPY of the punishment order has been brought on record as Annexure-4 to the writ petition. The aforesaid order of punishment has become final between the parties, inasmuch as it was not subjected to challenge any further.;