The judgment establishes that an inquiry into dismissal must adhere to principles of natural justice, and failure to prove the basis of termination invalidates the outcome.

JUDGMENT

Harsh Bunger, J.

This order shall dispose of two writ petitions bearing CWP-525-2014 titled as The Karnal Central Cooperative Bank Limited, Karnal through its Chief Executive Officer v. Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat and others and CWP-591-2014 titled as The Karnal Central Cooperative Bank Limited, Karnal through its Chief Executive Officer v. Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat and others.

2. CWP-591-2014 titled as The Karnal Central Cooperative Bank Limited, Karnal through its Chief Execuitve Officer v. Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat and others, has been filed by petitioner-The Karnal Central Co-operative Bank Limited, Karnal (in short 'the Bank') seeking quashing of the impugned Award dated 12.10.2012 (Annexure P-6) passed by the learned Presiding Officer, Industrial Tribunal- cum-Labour Court, Panipat; holding that no fair and proper enquiry was conducted by the petitioner-Bank against the workman-Rajbir Singh (since deceased), who is now represented by his legal heirs (respondents No.2 to 4, herein).

3. Vide CWP-525-2014 titled as The Karnal Central Cooperative Bank Limited, Karnal through its Chief Executive Officer v. Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat and others, the petitioner-Bank seeks quashing of the final Award dated 27.11.2012 (Annexure P-6) passed by the learned Presiding Officer, Industrial Tribunal- cum-Labour Court, Panipat; whereby, it was held that termination of the services of the workman-Rajbir Singh (since deceased) was not justified and in order and since, he had died; accordingly, relief of re-instatement was not found admissible and the legal heirs of deceased-workman were held entitled to benefit of full back wages from the date of demand notice dated 03.09.2003, till the death of the said workman- Rajbir Singh. The legal heirs were further held entitled to all other benefits admissible to the deceased workman on the date of his superannuation.

4. For the sake of convenience, the facts are being extracted from CWP-525-2014 titled as The Karnal Central Cooperative Bank Limited, Karnal through its Chief Executive Officer v. Presiding Officer, Industrial Tribunal-cum-Labour Court, Panipat and others.

5. Briefly, the workman-Rajbir Singh (since deceased) was working as a Secretary with the Jalamana, Kurlan and Basdhara Cooperative Credit and Service Societies Limited. During his service, it was alleged that he had embezzled huge amount out of the funds of the said societies, for which, he was charge-sheeted under Rule 27 of the Common Cadre Rules, 1975.

A perusal of the paper-book would reveal that upon completion of the inquiry, the Board of Administrators of the Bank, in its meeting held on 15.12.1997, passed the following order :-

"Considered and after going through the whole case of Sh. Rajbir Singh, Sec. U/S as well as hearing him in person it is decided that his three annual increments are stopped with cumulative effect. Further resolved that the suspension period from 25.9.95 to 5.12.95 is treated towards duty period for all intents and purposes but nothing shall be paid except subsistence allowance already paid to him. Employee is directed to furnish a landed tangible security one and half times of the embezzled amount. Further M.D. is authorized to make sure that all the amount including interest has been recovered from the employee."

6. It appears that thereafter, the Enquiry Officer was appointed and the enquiry proceedings were conducted on various d