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2021 Supreme(Kar) 311

P.B.BAJANTHRI
General Manager (P), Canara Bank – Appellant
Versus
Appellate Authority Under Payment of Gratuity Act, 1972 and Deputy Chief Labour Commissioner (Central) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. T.P. Muthanna, Advocate.

ORDER :

In the instant petition petitioner has assailed the order of the Appellate Authority (respondent No.1) (vide Annexure-A) dated 22.12.2020.

2. Respondent No.2-P. Rajendra was appointed as a clerk with the petitioner-Bank on 24.7.1981 under Schedule Tribe Category. In that regard, he had furnished caste certificate dated 19.7.1978. The petitioner -Bank initiated enquiry by framing charges and issuing charge sheet on 12.3.1990 on the allegations that respondent No.2 is alleged to have submitted Schedule Tribe Certificate which is not a genuine one. Charge Sheet was not proceeded with in terms of the direction issued in W.P. No.2387/1990(as stated in the memorandum of Writ Petition). Thereafter, there were certain internal communications relating to verification of caste certificate whether respondent No.2 belongs to Yadav Community (Golla Community) and such caste would fall under the Schedule Tribe category or not? Consequently, caste certificate dated 19.7.1978 was cancelled in a proceedings dated 7.9.2017 initiated by the District Caste and Income verification Committee. On 27.09.2017, services of respondent No.2 were terminated while canceling the order of appointment of res

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