Back wages must be awarded in cases of wrongful termination if no guilt is established and procedural violations occur in the dismissal process.

JUDGMENT & ORDER :

Rajesh Mazumdar, J.

Heard Mr. K.R Patgiri, learned counsel for the petitioner and also heard Mr. D. Gogoi, learned Standing counsel, Assam Co-operative Apex Bank Limited, appearing for the respondents.

2. This writ petition was the 9th round of litigation for the deceased husband of the present petitioner, an erstwhile employee of the Assam Co-operative Apex Bank Limited. The writ petition was filed on 04.08.2017 and the original writ petitioner met his demise on 28.01.2018. Later the wife of the petitioner was substituted as the petitioner.

3. The husband of the petitioner had joined service in Assam Co-operative Apex Bank Ltd. on 08.11.1957 as an Assistant. He was later upgraded in service and allowed to work as Branch Manager In-charge of Pathsala Branch. On 15.11.1986, the erstwhile petitioner was served a notice asking him to show cause as to why disciplinary proceedings should not be initiated against him on allegations of misconduct levelled in the aforesaid show cause notice.

4. The erstwhile petitioner was dismissed from service on 10.10.1987. Both his appeals filed before the Board of Directors as well as the Administrative Council were dismissed.

5. The erstwhile petitioner approached this Court by filing Civil Rule No. 777/1992 which was disposed by directing reconsideration of the appeal filed by the petitioner. The appeal filed by the erstwhile petitioner was rejected by the Board of Directors.

6. Civil Rule No. 3341/1996 filed thereafter by the erstwhile petitioner was disposed by this Court by order dated 26.11.1998 requiring the Administrative Council to decide the appeal preferred by the writ petitioner. The appeal filed by the petitioner was again dismissed.

7. The petitioner raised the ground of violation of principles of natural justice which led to registration of Reference Case No. 16/2001 before the Labour Court at Guwahati. Upon contest, the learned Labour Court passed an award holding that the petitioner was not a workman and therefore, the reference was not maintainable. However, the learned Labour Court had taken the view that the dismissal was justified.

8. The petitioner had again approached this Court by filing W.P(C) No. 1306/2005 and by an order dated 27.11.2007, this Court held that when the learned Labour Court came to the conclusion that the petitioner was not a workman as required under the provision of law, the learned Labour Court had committed an error when it decided the merits of the reference. This Court further held that the dismissal of the petitioner stood vitiated due to the violation of the principles of natural justice since the enquiry report was not furnished to the petitioner. The matter was remanded back to the Assam Co-operative Apex Bank Ltd. to recommence the disciplinary proceeding from the stage of such submission of the enquiry report. It was further directed that the enquiry should be completed within a period of 4 months from the date of the judgment. The Managing Director thereafter, by letter dated 20.03.2008, wrote to the petitioner furnishing a copy of the enquiry report. The petitioner filed his reply on 04.04.2008 and by order dated 26.07.2008, the petitioner was found guilty in respect of all the charges and the Bank proposed to impose the penalty of dismissal from service as per the Rule-46(a)(vi) of the Staff Rules of the Bank. The petitioner was asked to show cause against the proposed penalty.

9. The petitioner had at that stage filed W.P(C) No. 4693/2008, seeking reinstatement in service with all consequential benefits a