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2013 Supreme(Online)(KER) 28782

HIGH COURT OF KERALA
A.M.SHAFFIQUE, J
R AJAY NAIR – Appellant
Versus
THE MANAGING DIRECTOR,SBT – Respondent


J U D G M E N T

This writ petition is filed challenging Ext.P17, award passed by the Central Government Industrial Tribunal-cum-Labour Court, Ernakulam, (hereinafter referred as the 'Tribunal') answering a reference under S.10(1)(d) of the Industrial Disputes Act . The reference was as under:

“Whether the action of the management of the State Bank of Travancore with headquarters at Poojappura, Thiruvananthapuram - 12 in dismissing the services of Sh.R.Aji Nair, Head Cashier of Kallambalam Branch of the Bank, Dist. Thiruvanathapuram, Kerala vide order No. DGM/T/TPC/1 dated 8.4.2003 which justified? if not, what relief the concerned workman is entitled to?”

The Tribunal found that the action of the management in dismissing the petitioner from service was legal and justifiable.

2. The facts involved in the case would disclose that the petitioner, while working as Cashier in the Kallambalam Branch of State Bank of Travancore was faced with disciplinary proceedings in respect of certain charges levelled against him. An enquiry was conducted by the Bank and it was found that out of five charges, three charges were proved, one was partly proved and one was not proved.

After complying with the

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