JUDGMENT - DESHPANDE R.G., J.:---Rule returnable forthwith. Taken up for final hearing with the consent of the parties.

2. In the Departmental proceedings, initiated against the respondent No. 2-employee, charges were proved against him and the result thereof was issuance of an order of discharge of the respondent No. 2 from service. This order of discharge dated January 2, 1990.

3. An appeal, at the instance of the respondent No. 2, before the Chairman-cum-Managing Director of the petitioner-bank, resulted into rejection thereof. This order passed by the Appellate Authority is dated 20-11-1990.

4. After about four year's gap, it was for the first time, the respondent No. 2 approached the Assistant Labour Commissioner (Central), Nagpur, challenging the order of discharge from service. The proceedings being for conciliation and the conciliation having been failed, the matter was referred to the Central Government Industrial Tribunal, Jabalpur, for adjudication.

5. On having been noticed, the respondent-bank appeared before the learned Presiding Officer of the Tribunal and opposed the case of the respondent No. 2 employee on all counts.

6. Before the Tribunal i.e. respondent No. 1, neces

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