Indian Bank asked to reinstate compulsorily retired clerk

The Madras High Court, in a recent order, directed Government-owned Indian Bank to reinstate a clerk/shroff, who was compulsorily retired by order dated July 8, 2004 on charge of alleged stealing of a pay order.

The Court ruled that Central Industrial Tribunal, which investigated alleged charge against Mr G.R. Swamy, “committed a grave error” in not adhering to legal precedents.

According to the bank clerk, he joined Bank in 1978 and was posted to work in Chintadripet branch. The allegation against him was that while serving in the branch, he had removed a BPO (pay order). He was served with show cause notice for alleged criminal charge. On July 8, 2004, he was compulsorily retired for the offence.

He raised industrial dispute before the Assistant Labour Commissioner (Central), Chennai. Curiously enough, even before order of reference was made by the Government, the writ petitioner (clerk) was acquitted by a criminal court, which found that there was no evidence to show that the petitioner was responsible for stealing BPO.

Mr Justice K. Chandru, who heard the writ petition of the clerk challenging award of Tribunal (R-1), declined to accept contentions of respondent Bank in the absence of investigating officer being examined.

In the absence of worker (petitioner) pleading guilty before domestic enquiry, and when document's credibility was impeached by criminal court, could not become sole basis for holding petitioner guilty of stealing BPO from Bank. CGIT (R-1) had committed a “grave error” in not adhering to legal precedents and evidence made available in domestic enquiry.

Hence, impugned order of R-1 was set aside, Judge said and R-2 Bank was directed to reinstate petitioner with full back wages.

Subramanian.v@thehindu.co.in