- (1.) THE admitted facts of the case are that the respondent was appointed as Secretary, Ambala Central Co-operative Bank Ltd. , Ambala on 9. 9. 1976 on probation. It is the stand of the writ petitioner that the services of respondent No. 2 were governed by the Haryana State Central Co-operative Bank Staff Services (Common Cadre) Rules, 1975. The services of respondent No 2 were terminated vide order dated 18. 5. 1977, passed by the Manager, Ambala Central Co-operative Bank Limited, Annexure P. 3. The order of termination reads as follows : "on perusal of your reply dated 22. 3. 1977 of the charge-sheet given to you vide this office letter No. 22188/ea dated 2. 3. 1977, we found the above reply unsatisfactory, so your services are hereby terminated with immediate effect. "
(2.) AGGRIEVED against the order of termination of his services, respondent No. 2 approached the State Government for reference to the Labour Court under Section 10 of the Industrial Disputes Act (hereinafter referred to as the Act ). The Labour Court vide award dated 2. 4. 1987, Annexure P. 4, let aside the order of termination of Services of Respondent No. 2 and directed his reinstatement from the date of the termination of his services with continuity of service with full back wages. Aggrieved against the award, the petitioner has filed the present writ petition.
(3.) I have heard the counsel for the parties at considerable length and have also gone through the record. Mr. S. S. Dalal, counsel for the petitioner bank has vehemently argued that the petitioner was a probationer and his services have been terminated during the period of probation without casting any stigma and, therefore, the Labour Court has gone wrong in setting aside the order of termination. It is obvious from the order Annexure P. 2 that the respondent was served charge-sheet and his reply was taken and thereafter the Manager of the Bank recorded that the reply to the charge-sheet was unsatisfactory and therefore, his services were terminated. A plain reading of the order leaves no manner of doubt that the order of termination has been passed by way of punishment. It casts a stigma on respondent No 2. Mr. Dalai placed before the Court the Administrative file of the case. A perusal of the file clearly shows that the respondent was placed under suspension on 21. 1. 1977. The order of suspension reads as follows:-No. 2219/22134 21st January, 1977 Sh. Sarab Singh, Manager, The Bilkhanwala Manglore Co-operative Credit and Service Society Ltd. V. Bilkhan Wala Manglore, P. O. Mugal Wali. Teh. Jagadhri, Distt. Ambala. Memo. Worthy President of the Bank vide his order dated 19. 1. 1977 has placed you under suspension with immediate effect, so you are hereby directed to report at Head Office of the Bank at Ambala City after handing over your charge to the Field Sub Inspector concerned immediately. Show-cause notice will follow. " thereafter he was given a charge-sheet dated 2. 3. 1977. The charge-sheet reads as follows :-" Ref. No. 2765 Dated 2nd March, 1977 Sh. Sarab Singh, Manager, Mini Bank (Under suspension) In continuation of this office letter No. 22129, dated 21. 1. 77 I Matu Singh, Manager of the Ambala Central Co-operative Bank Ltd. , Ambala City serve you with the following charge-sheet. You are further asked to send your explanation in connection with the charges within 15 (fifteen) days from the date of receipt of this charge-sheet If you fail to explain your position within fixed time, it will be presumed that you have nothing to say in your defence and the charges are correct for which the matter will be placed before the Administrative Committee for further action against you. The Charges are as under : 1. You generally remainded absent from your duties without any leave 2. You took Its. 10/- from each member as bribe for the advancement of loan. 3. You have committed so many irregularities in cash book. ;