1. This order shall govern the final disposal of Writ Petition No.15017/ 2008 (Dena Bank, Bhopal v. S.K. Gaur) and Writ Petition No.3806/2009 (S.K. Gaur v. Dena Bank, Bhopal) as both these writ petitions under Article 227 of the Constitution of India are directed against the Award passed by the Central Government Industrial Tribunal-cum-Labour Court on 1.2.2008.

2. Relevant facts are carved out from Writ Petition No.15017/2008. Respondent (hereinafter referred to as 'employee') while appointed as Cashier-cum-Clerk with the petitioner-Bank (hereinafter referred to as 'employer') in June, 1978 was proceeded against and by order dated 26.9.1978 his services were terminated while he was on probation for the irregularities committed by him. Later on keeping in view the undertaking given by the employee of future good conduct, he was reappointed on 29.11.1979.

3. The employee was charge sheeted on 21.12.1982 which culminated into punishment of stoppage of one increment with cumulative effect.

4. Another charge-sheet was issued to the petitioner on 20.9.1985 which resulted in stoppage of increment with cumulative effect and one increment with non-cumulative effect and debarring him from appearing in promotion test for a period of three years. Against this order, the employee raised an industrial dispute forming subject-matter of case No.CGIT/LC/R/247/97 before Central Government Industrial Tribunal-cum-Labour Court.

5. That the employee later on was promoted as an Officer in Junior Manager Grade I (JMG-I) in the year 2002.

6. That on 26.11.2005 employee was charge sheeted with the charges that he (a) failed to maintain utmost devotion, diligence and honesty while discharging his duty to take requisite steps to protect the interest of the Bank;(b) committed fraud on the Bank by claiming HRN/TA claim submitting fake and fabricated hotel bills; (c) lack of honesty and integrity and (d) doing acts unbecoming of an Officer-employee.

7. In the departmental enquiry all the charges levelled against the employee were proved which led to his dismissal from service by order dated 30.8.2006. In an appeal the order of dismissal was converted to compulsory retirement by order dated 28.2.2007 by the appellate authority.

8. Since the reference Case No.CGIT/LC/R/247/97 was pending on 30.8.2006 when the employee was dismissed from service, he filed an application under section 33A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act of 1947').

9. Section 33A provides that when an employer contravenes the provisions of section 33 during the pendency of proceedings before a conciliation offer, Board, an arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, an employee aggrieved by such contravention, may make a complaint in writing to such authority/Labour Court/Tribunal as the case may be. On such complaint the authority/Labour Court/Tribunal as the case may be shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, and shall submit its award in accordance with the provisions of the Act of 1947.

10. Sub-section (1) of section 33 of the Act of 1947, which is relevant in the context, provides that:

"33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings.

(1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before an arbitrator or a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute, no employer shall --

(a) In regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or

(b) For any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workmen concerned in such dispute, save with the express permission in writing of the authority b