C.HARI SHANKAR
Vijaya Bank – Appellant
Versus
Ish Kumar Pruthi – Respondent
1. This writ petition challenges an Award, dated 18th March 2004, passed by the learned Industrial Tribunal-cum-Labour Court, New Delhi (hereinafter referred to “the learned Tribunal”), whereby and whereunder the dismissal, by the petitioner-Bank, of the services of the respondent-workman, has been quashed, and the respondent has been directed to be reinstated with continuity of service, full back wages and all other consequential benefits.
2. The respondent, while serving as clerk with the petitioner-Bank, was issued a charge sheet, dated 1st August, 1992, proposing initiation of disciplinary action against him, for having allegedly committed “gross misconduct” within the meaning of clause 19.5 (j) of Chapter XIX of the Bipartite Settlement, 1966, which, admittedly governed the relationship between the Bank and its employees, and directing the respondent to show cause thereagainst. The allegations in the said charge sheet are reproduced, in extenso as under:-
“It is reported against you that you were in the habit of late reporting for duty at the branch and leaving t
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