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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
JAYANT BANERJI, UMESH M.ADIGA
Canara Bank (E-Syndicate Bank) Rep. by its Assistant General Manager Shashidhar Aithal – Appellant
Versus
General Secretary, Dharwad District Bank, Employees Association – Respondent
| Table of Content |
|---|
| 1. employee committed alleged forgery to secure loan installments. (Para 2 , 3 , 4) |
| 2. disciplinary proceedings against the employee questioned for lack of fairness. (Para 9 , 10 , 12) |
| 3. labour court found insufficient evidence to substantiate fraud claims against the employee. (Para 13 , 25 , 26) |
| 4. court emphasized the importance of due process in disciplinary inquiries. (Para 18 , 22 , 29) |
JUDGMENT :
UMESH M. ADIGA, J.
1. This writ petition is filed under Article 226 and 227 of Constitution of India by the second party-employer, calling in question the correctness of the judgment and award dated 26.07.2019, passed by the Central Government Industrial Tribunal-cum-Labour Court, Bengaluru (for short, `Labour Court'), in case No.CR.131/2007, seeking for the following reliefs :-
"(a) Call for records in C.R.No.131 of 2007 from the Central Government Industrial Tribunal-cum-Labour Court, Bengaluru.
(b) declare that the Reference made by the Central Government in Reference in C.R.No.131 of 2007 to the Central Government Industrial Tribunal-cum-Labour Court, Bengaluru, is illegal, without jurisdiction and contrary to the provisions of Section 10 of the Industrial Disputes Act,
The employer failed to prove misconduct in disciplinary proceedings, thus affirming the Labour Court’s ruling on insufficient evidence and breach of natural justice.
The court reaffirmed the principle that in disciplinary matters, particularly involving fraud, the domestic enquiry must follow natural justice and the resultant punishment must reflect the severity ....
Point of Law : It is true that strict rules of evidence are not applicable to departmental enquiry proceedings. However, the only requirement of law is that the allegation against the delinquent must....
In a situation where the domestic enquiry is found to be vitiated, only the evidence adduced before the labour court should be considered to establish the charges. The evidence from the domestic enqu....
The court upheld the dismissal of an employee for serious misconduct involving misappropriation of funds, emphasizing the importance of integrity in banking and the adequacy of evidence in disciplina....
It is true that strict rules of evidence are not applicable to departmental enquiry proceedings. However, the only requirement of law is that the allegation against the delinquent must be established....
A bank employee's misconduct, including forgery of documents, justifies severe penalties such as compulsory retirement to maintain integrity in financial institutions.
(1) A Bank employee is expected to maintain high degree of personal integrity in discharge of his duty.(2) There are certain inherent legal limitations to scrutiny of an award of a Tribunal by High C....
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