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2020 Supreme(MP) 374

SANJAY DWIVEDI
State Bank Of India – Appellant
Versus
Smt. Reeta Agrawal – Respondent


Advocates Appeared:
Mr. Ashish Shroti, Advocate, for the Appellant/Bank; Mr. Sharad Punj, Advocate, for the Respondent

JUDGMENT

1. By the instant petition filed under Article 227 of the Constitution of India, the petitioner/Bank is questioning the correctness and validity of order dated 15.11.2013 (Annexure- P/12) passed by the Central Government Industrial Tribunal- Cum-Labour Court, Jabalpur (hereinafter referred to as the Tribunal) whereby the reference made to it by the Government of India, Ministry of Labour, New Delhi under Section 10 of the Industrial Disputes Act, 1947 has been decided by the Tribunal, which reads as under:-

    'Whether the dismissal of Shri S.S. Agrawal, Deputy Head Cashier, State Bank of India, Khargone by the Regional Manager, SBI Bhopal is justified or not? If not, to what relief the workman is entitled for?'

    Thereafter, the Tribunal has set aside the order passed by the Disciplinary Authority and directed reinstatement of Shri Shyam Sunder Agrawal with 50% back-wages.

    2. The facts of the case in a narrow compass are:-

      That the respondent/employee was working as a Deputy Head Cashier at Khargone Branch in the petitioners Bank. He was served with a charge-sheet dated 14.06.1985 (Annexure-P/1) levelling two charges and thereafter a regular departmental enquiry was conducted i

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