The court established that a dismissal under the Industrial Disputes Act must adhere to principles of natural justice, and procedural defects can invalidate disciplinary actions.

JUDGMENT :

K.R.Mohapatra, J.

1. This matter is taken up through hybrid mode.

2. Management of State Bank of India calls in question the legality and propriety of award dated 14^th February, 2017 (Annexure-1) passed by learned Presiding Officer, Central Government Industrial Tribunal- cum-Labour Court, Bhubaneswar (for brevity, ‘learned Tribunal’) in Industrial Dispute Case No.30 of 2004 directing the Petitioner- Management to reinstate the Workman/Opposite Party No.1 in service with 50% back wages.

2.1. For convenience in discussion, the parties are described as per their respective status before learned Tribunal.

3. Shorn of unnecessary details, the facts relevant for adjudication of this case are that the industrial dispute set in motion pursuant to a reference made by the appropriate Government. For ease of discussion, the reference to be answered by learned Tribunal read as under:-

“1. Whether the action of the Management of State Bank of India, Umerkote in terminating the service of Shri R.K.Behera, Messenger by way of infliction of punishment, is legal and justified? If yes, whether the same is proportionate to cause of offence committed by the workman?

2. If not, to what relief the workman concerned is entitled?”

3.1 The Workman (Opposite Party No.1) was appointed as Messenger in State Bank of India, Umerkote Branch with effect from 26^th March, 1992 and was discharging his duties. One Smt. Radha Gouduni had a freedom fighter’s account with the Petitioner-Bank at Umerkote Branch. The said branch used to draw the pension of said Smt. Radha Gouduni from the State Government and depositing the same in her SB account, which she used to draw from time to time. The account became dormant for non-drawal of any amount/non- operation of the account for a considerable period. When the matter stood thus, on 3^rd October, 2000, an amount of Rs.20,000/- was withdrawn from the said account on presentation of a withdrawal slip bearing a Left Thumb Impression (LTI). At the relevant time, one Sri R.N.Biswas was working as Junior Manager, Sri Koteswar Pattnaik was working as Account Opening Counter Clerk and Sri Mrutunjaya Pattnaik was working as Paying Cashier in the said branch. On the next day of such withdrawal, it was detected that the account holder, namely, Smt. Radha Gouduni had died long back and Rs.20,000/- was drawn by her grandson. When the incident came to the knowledge of the higher authority, a departmental proceeding was initiated against him on the allegation that the said withdrawal slip of Smt. Radha Gouduni was passed for payment on the approach and request of the Workman and that the Workman presented the withdrawal slip of deceased Radha Gouduni before Sri Koteswar Pattnaik, who was manning the SB account counter on the date of withdrawal and requested to issue a token stating that the depositor was unable to come to the counter because of heavy rush in the Branch and managed drawal of money from the account of a deceased person. However, the Workman recovered the amount from the drawee and deposited the same in the account by the time the departmental proceeding was initiated. One Sri S. Rajarshee, SMGS- 4 of Damanjodi branch was appointed as Enquiry Officer to conduct the departmental enquiry against the Workman and three other officials of Umerkote Branch named above. Enquiry report was submitted holding the Workman guilty of gross misconduct for facilitating the drawal of the amount from the account of a dead person. Hence, he was imposed with major punishment of removal from Bank’s service in terms of Para-6 (b) of bipartite settlement dated 10^th April, 2022. Needless to mention here that before imposing m