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2020 Supreme(Online)(KER) 45207

HIGH COURT OF KERALA
AMIT RAWAL, J
DEPUTY VICE PRESIDENT (HR) – Appellant
Versus
S.ASHRAF – Respondent


Advocates:
SMT.LATHA ANAND SRI.M.N.RADHAKRISHNA MENON SRI.S.VISHNU (ARIKKATTIL) SRI.RADHAKRISHNA PILLAI B SHRI.SIDHARTH P.S.SHRI.RISHI VARMA T.R, SHRI.P.VIJAYAKUMAR, ASG OF INDIA

JUDGMENT

Dated this the 10th day of July 2020 Petitioner, a banking company registered under the Banking Regulation Act through its Deputy Vice President, in the instant writ petition laid challenge to the award Ext.P19 dated

18.10.2019.

2. The facts leading to passing of the award and its challenge are that the terms and conditions of staff including the disciplinary action are governed by the Bipartite Settlement (herein after referred to as 'BPS') between the representatives of Indian Banks Association and various unions representing employees of the Banks. The aforementioned BPS was earlier entered into on 19.10.1966 and later on substituted/modified on 10.04.2002, Exts.P1 and P2 respectively. The respondent No.1 was employed as a sub-staff at Perumathara Branch, Thiruvananthapuram. He alleged to have fraudulently withdrawn an amount of Rs.16,000/- from SB Account No.1942 of one K.Ashraf on 12.10.1990. The commonality was in the name ie., Ashraf. Management recieved a complaint from the customer resulting into filing of a police complaint before the Kadinakulam Police Station as crime No.46/91. The first respondent was arrested and placed under suspension vide order dated 29.9

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