JUDGMENT:

V.S. SIRPURKAR, J.

1. Leave granted.

2. The appellant herein challenges Division Bench judgment of the High Court of Gujarat dismissing his Writ Appeal. The said Writ Appeal was filed against the orders of the learned Single Judge of that court whereby the Writ Petition filed by the Respondent-bank was allowed setting aside the order passed by the Industrial Tribunal. The Industrial Tribunal had answered the Reference in favour of the appellant and had set aside the punishment of discharge as also the other punishments and restricted the said punishment to stoppage of one years increment.

3. Following facts will highlight the controversy involved.

4. Appellant Mavji C. Lakum had joined the services of the Respondent-bank as a Peon on 1.9.1951. He was promoted as a Head Peon in the year 1963. While in service, two charge-sheets came to be served upon the appellant and an inquiry was held against him and he came to be discharged from the service by an order dated 22.5.1984. This order was challenged by the appellant by filing a Regular Suit No.99 of 1984 in the Court of Civil Judge (Junior Division), Anjar, Kutch-Bhuj. The said suit was dismissed. In the appeal, though the District Court directed reinstatement but denied the back-wages. The appellate court also permitted the Respondent-bank to hold fresh enquiry. The appellate judgment was challenged before the High Court by way of Second Appeal by the appellant where he was awarded 75% back-wages from the date of filing the suit.

5. As the order of reinstatement became final, the appellant was reinstated. However, since the permission was granted by the District Court to the respondent-bank to start inquiry afresh, that inquiry was initiated in accordance with law and in that inquiry the appellant was found guilty of few charges whereby he was given the punishment of discharge on two charges. He was given the punishment of stopping his increments in respect of other charges for which he was found guilty. A show cause notice dated 7.2.1991 was issued to the appellant calling upon him to show cause why the punishment of dismissal should not be imposed upon him. A reply was submitted by the appellant dated 18.3.1991 wherein he contended that looking into the nature of the charges, the punishment of dismissal was very harsh. He also offered explanation regarding the charges and the findings. However, the Disciplinary Authority, after considering the reply inflicted a composite punishment of discharge. The appellant thereafter filed a Departmental Appeal which was dismissed. He, therefore, raised a dispute with regard to punishment of his discharge and on that basis a Reference came to be made to Industrial Tribunal (Central), Rajkot which was registered as ITC No.1 of 1993.

6. The Industrial Tribunal firstly came to the conclusion that the Departmental Inquiry was just and proper. However, in so far as the merits of the allegations were concerned, the Tribunal came to the conclusion that there was no evidence supporting major charges, though there was some misconduct on the part of the appellant. Again the Tribunal specifically held that the proved misconduct was not so serious as to invite the extreme punishment of discharge. Reference was thus partly allowed and the order of discharge was set aside. The Tribunal imposed the punishment of withholding one increment with future effect. In the meanwhile the appellant retired from the services of the respondent with effect from 3rd September, 1994.

7. The respondent challenged the Award passed by the Industrial Tribunal by way of a Writ Petition which came to be allowed by the learned Single Judge who concluded his judgment as follows:

"Considering the fact that respondent has been working with the petitioner bank right from the year 1951 and he had put in 30 years of service before he was discharged from the service and that now he has retired and reached at the age of 70 years, it is recommended that the petitioner may consid