Case Note & Summary
The petitioner, Syndicate Bank, a nationalised bank, challenged the Part-I Award dated 28.5.2003 and Part-II Award dated 7.9.2010 passed by the Central Government Industrial Tribunal No.2 in Reference No.CGIT-2/31 of 2001. The Tribunal had directed reinstatement of the respondent-workman, Vinod Kumar Amin, with continuity of service and full back wages. The respondent had joined the bank in 1977 as a clerk and worked for 22 years. He was an active union member. A charge-sheet was issued on 23.7.1998 alleging misconduct under clause 19.5 of the Bipartite Settlement, claiming that he was carrying on business in the name of M/s.Amigo Industries, a partnership firm with his brother and another person, which had availed credit facilities from the bank and defaulted. A domestic inquiry was held, and the respondent was dismissed from service on 30.6.1999. The respondent raised an industrial dispute, which was referred to the Tribunal. The Tribunal held that the inquiry was vitiated due to bias and non-supply of documents, and that the findings were perverse. The Tribunal set aside the dismissal and ordered reinstatement with full back wages. The High Court upheld the Tribunal's award, finding no perversity in the Tribunal's findings. The court noted that the Inquiry Officer was biased and that the workman was not given a fair opportunity. The court also held that the punishment of dismissal was disproportionate. The petition was dismissed, and the award was confirmed.
Headnote
A) Industrial Law - Domestic Inquiry - Bias - Natural Justice - The inquiry was vitiated as the Inquiry Officer was biased and the workman was not supplied with relevant documents, violating principles of natural justice. The court held that the inquiry was not fair and proper (Paras 10-25). B) Industrial Law - Reinstatement - Back Wages - Full back wages awarded as the dismissal was set aside due to flawed inquiry and the workman had been out of service for a long period. The court upheld the Tribunal's award of reinstatement with continuity of service and full back wages (Paras 30-38).
Issue of Consideration
Whether the Industrial Tribunal was justified in setting aside the dismissal of the respondent-workman and ordering reinstatement with full back wages, and whether the inquiry conducted by the bank was fair and proper.
Final Decision
The High Court dismissed the writ petition and upheld the Industrial Tribunal's award directing reinstatement of the respondent-workman with continuity of service and full back wages.
Law Points
- Natural justice
- bias in domestic inquiry
- non-supply of documents
- perversity of findings
- proportionality of punishment
- reinstatement with full back wages
