( 1 ) THE respondent was holding the post of Clerk-cum-Cashier in the petitioner-Bank at the material time. On 27/4/1988 an FIR was lodged against the respondent in connection with an alleged criminal offence under section 304 of the Indian Penal Code and the case was registered against the respondent. The criminal prosecution is still pending.

( 2 ) ON 4/6/1988 the petitioner-Bank suspended the respondent in view of his detention for an offence under Section 304 of the Indian Penal Code. In August 1988 the respondent filed Writ Petition No. 6036 of 1988 challenging the order of suspension dated 4/6/1988 before the High court. The High court by the impugned judgment dated 8/9/1988 quashed the order of suspension on the ground that there is no provision in the bipartite settlement empowering the petitioner-Bank to suspend an employee in these circumstances. Hence the present appeal is filed by the appellant-Bank.

( 3 ) BEFORE the High court it was not disputed that the terms of the bipartite settlements between the Banking Companies and their workmen govern the present case. Under these settlements, clauses 19. 2, 19. 3 (a), 19. 12 (b) are as follows:

"19. 2 By the expression offence