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IN THE HIGH COURT AT CALCUTTA
LANUSUNGKUM JAMIR, RAI CHATTOPADHYAY
Chariman and Managing Director, Bank of Baroda – Appellant
Versus
Sri Jyotirmoy Basu – Respondent
| Table of Content |
|---|
| 1. procedural overview of misconduct allegations and termination. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the misconduct and procedural fairness. (Para 7 , 9) |
| 3. conclusion that termination lacks sufficient justification. (Para 8 , 14) |
| 4. analysis of prejudice and absence of evidence regarding misconduct. (Para 11 , 12 , 13) |
| 5. final decision upholding the prior ruling with modifications. (Para 15 , 16 , 17) |
JUDGMENT :
Rai Chattopadhyay, J.
1. A judgment of the Hon’ble Single Judge dated April 2, 2025 in WPA No. 16216 of 2021 is under challenge in this intra-Court appeal. The said writ petition was filed by the present respondent/workman to challenge an Award by the Central Government Industrial Tribunal- cum-Labour Court, Kolkata in Reference Case No. 03 of 2006, which has been set aside by the writ Court with other directions. Hence, the appellant/Bank being aggrieved has filed the instant appeal.
2. The respondent No. 1/workman, who has been an employee of the appellant bank, was initially posted at Bhawanipur branch from June 9, 1999 to January 15, 2000 and from there was transferred to Ballygunge branch with effect from January 17, 2000. The respondent’s r
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