Judgment

S.B. Majmudar, J.-In this appeal by special leave the appellant-Bank has brought in challenge the judgment and order rendered by learned Single Judge of the High Court of Judicature at Allahabad dismissing the appellant’s writ petition against an order passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, ordering reinstatement of the respondent No. 2 (hereinafter to be referred to as the respondent) with continuity of service but without back wages.

2. A few facts leading to this appeal deserve to be noted at the outset for highlighting the grievance of the appellant-manage­ment in the present proceedings.

3. The respondent-workman was selected for the post of Cash Collector which was a clerical post in a Branch of the appellant-Bank at Rampur, U.P., on 13.6.1977. This appointment was given to the respondent in the light of his application dated 20.5.1977. In the application form at Column 27 a query was mentioned to be answered by the applicant as to whether the applicant has ever been prosecuted at any time. The respondent replied to the said query in the negative. While giving joining report in the prescribed form at Column 27 the respo