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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Mala
General Secretary, Federal Bank Employees' Union – Appellant
Versus
Federal Bank Limited – Respondent
ORDER :
N. Mala, J.
1. Writ petition is filed for a writ of certiorarified mandamus calling for the records in the Award dated 08.02.2022 in I.D.No.2 of 2007 and the preliminary order dated 07.02.2020, to quash the same and direct the respondent to reinstate the workman in service with all consequential benefits including arrears of pay and allowances following there from seniority and continuity of service.
2. Petitioners case:
The petitioner union espousing the cause of the workman has filed the above writ petition. The workman joined the services of Federal Bank as bankman in 1980 and was promoted as clerk in 1983. The workman was under suspension from 10.04.2003 for misconduct of fraudulent withdrawal of amount. The workman was issued with the charge memo on 09.05.2003 stating that he had instigated and colluded with one K.Ramakrishnan, Bankman of the branch and fraudulently withdrew an amount of Rs.2,50,000/- from the SB account of one of its customer's viz., S.Raju, on 12 occasions during the period from May 1998 to September 2002 by using the withdrawal forms. It was stated that such withdrawal took place without his knowledge and consent. The workman sent a reply to the charge
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 ....
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....
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....
Judicial review of disciplinary proceedings is limited to assessing procedural fairness; evidence must meet the preponderance of probabilities standard in administrative contexts, not beyond a reason....
The finding of fact by the Industrial adjudicator can only be interfered with if patently illegal.
The standard of proof in disciplinary proceedings is based on preponderance of probabilities, and the court does not reappraise evidence unless there is a violation of natural justice.
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.
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