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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Bank Of Baroda Through Its Deputy General Manager – Appellant
Versus
Their Workman-represented by Bank of Baroda Staff Union (Bihar & Jharkhand) through the General Secretary – Respondent
JUDGMENT :
SANJAY PRASAD, J.
This present Writ Petition has been filed on behalf of the petitioner for quashing/setting aside the Award dated 10.04.2015 passed by Sri Kishori Ram, learned Presiding Officer, Central Government Industrial Tribunal (No.2), Dhanbad, in connection with Reference No. 71 of 2007, whereby the Reference has been decided in favour of the workman-Dr. Vinod Prasad by holding that the workman is entitled to all his five increments with all his financial benefits for the relevant period of his service tenure and further the Management has been directed to implement the Award within a month from the date of its receipt following its publication by Government of India in the Gazette of India.
2. Heard Ms. Prerna Jhunjhunwala, learned counsel for the petitioner and Mr. Bijay Kr. Pandey, learned counsel for the respondents.
3. Learned counsel for the petitioner has submitted that the impugned Award dated 10.04.2015 passed by Sri Kishori Ram, learned Presiding Officer, Central Government Industrial Tribunal (No.2), Dhanbad, in connection with Reference No. 71 of 2007 is illegal, arbitrary and fit to be set aside. It is submitted that the learned Tribunal had passed the i
A tribunal's interference in disciplinary matters requires solid grounds and should not reassess evidence once the fairness of the domestic enquiry is acknowledged by the employee.
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The Industrial Tribunal can modify punitive measures if it determines that an employee was treated discriminatorily compared to similarly situated employees, according to Section 11A of the Industria....
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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....
The standard of proof in disciplinary proceedings is 'preponderance of probabilities', allowing for evidence that is logically probative, and excluding strict adherence to the Indian Evidence Act pro....
A tribunal must adjudicate the fairness of a domestic inquiry before addressing the merits of a dismissal, ensuring decisions are reasoned and within jurisdiction.
Labour Courts must refrain from re-evaluating evidence after confirming the fairness of a disciplinary inquiry; interference is only permissible when findings are perverse or lack evidence.
Acquittal in a criminal case impacts subsequent disciplinary proceedings; domestic inquiries must adhere to principles of natural justice to be valid.
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