KURIAN JOSEPH, A.M.KHANWILKAR
MANAGEMENT OF STATE BANK OF INDIA – Appellant
Versus
SMITA SHARAD DESHMUKH – Respondent
JUDGMENT
KURIAN, J.:
Leave granted.
2. The appellant (hereinafter referred to as "the Management") is aggrieved by the impugned judgment of the High Court whereby the first respondent (hereinafter referred to as "the employee") was directed to be reinstated in service with 50 per cent back wages, reversing the order passed by the Industrial Tribunal-cum-Labour Court. The employee, while working with the Management, submitted a certificate purportedly issued by the Indian Institute of Bankers claiming that she had passed the CAIIB Part-II Examination, and on that basis, started drawing additional monetary benefits. The Disciplinary Authority, based on the finding in a domestic enquiry that the certificate was a forged one, dismissed her from service on 01.08.2003. The punishment was upheld by the Appellate Authority vide order dated 10.06.2006. The Industrial Tribunal-cum-Labour Court declined to grant any relief. However, the High Court ordered reinstatement with 50 per cent back wages, and thus aggrieved, the Management has filed the appeal.
3. The only ground on which the High Court interfered with the award was that the Management had not established, by leading evidence, that the
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