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2005 Supreme(All) 2038

D.P.SINGH
REGIONAL MANAGER STATE BANK OF INDIA – Appellant
Versus
PRESIDING OFFICER CENTRAL – Respondent


Advocates:
A.K.Goyal, Navin Sinha, S.N.Verma, Sharad Kumar Srivastava, Sharad Verma, U.N.Sharma, VinodKumar Singh, Y.K.Shukla, Y.K.Sinha, Yashwant Verma,

D. P. SINGH, J.

Pleadings are complete and the Counsel for the-parties agree that the petition may be finally disposed off under the Rules of the Court.

Heard learned Counsel for the parties.

2. This petition is directed against an order of the Central Government Industrial Tribunal dated 21-7- 1997 accepting the reference of the workman and directing his reinstatement together with 3/4 back wages.

3. The respondent workman was a Cashier in the Ballia Branch of the petitioner Bank when allegations of financial misappropriation were leveled against him and a charge sheet dated 20-6-1977 was issued. After holding an enquiry the services of the respondent workman were dispensed with which gave rise to a reference under Section 10 of the Industrial Disputes Act. The reference was registered as industrial dispute No. 21 of 1996 by the Central Government Industrial Tribunal, Kanpur. After exchange of pleadings the Tribunal framed a preliminary issue with regard to fairness of the enquiry and by order dated 21-1- 1997 it held that the enquiry was vitiated and as such it allowed the parties to lead evidence and by the impugned award the workman has been reinstated with 3/4 back wages.

4. Le

















































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