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2000 Supreme(SC) 212

Nedungadi Bank LTD. – Appellant
Versus
K. P. Madhavankutty – Respondent


JUDGMENT

D.P. Wadhwa, J.-Leave granted.

2. The Nedungadi Bank Ltd. ( Bank for short) is the appellant. The Bank is aggrieved by the judgment dated August 5, 1988 of the Division Bench of the Kerala High Court passed in Writ Appeal whereby it set aside the judgment of the learned single Judge dated January 24, 1995 allowing the writ petition of the Bank and quashing the reference made by the Central Government under Section 10* of the Industrial Disputes Act (for short the Act ). The reference of the industrial dispute was as follows :-

"Whether the action of the management of Nedungadi Bank Ltd. in dismissing Shri K.P. Madhavankutty from service w.e.f. 11.8.1972 is justified? If not, to what relief the workman concerned is entitled to?"

3. We may refer to circumstances which led the Central Government to make the reference. Respondent was working as a clerk with the Bank. He had put in ten years of service. Disciplinary proceedings were initiated against him for having misappropriated a sum of Rs. 1,185/- and falsifying the books of the Bank. After conclusion of the inquiry he was served with a memo dated October 13, 1972 to show cause as to why punishment of dismissal from service b













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