Single judge dismissed writ petition against dismissal of bank employee for compromising gold ornaments. High Court upheld dismissal noting breach of fiduciary duty and clear evidence of loss, finding no legal error in Labour Court's conclusion despite Section 11A submissions.
Notice to respondents; no consequential orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2020
CORAM :
THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.A.No.463 of 2020
M.Swaminathan .. Appellant/Petitioner
vs.
1.The Deputy General Manager,
State Bank of India,
Chennai Zone-1,
NW-I, Zonal Office,
Rajaji Salai, Chennai – 600 001.
2.The Presiding Officer,
Central Government Industrial Tribunal-cum-Labour Court,
Shastri Bhavan,
Haddows Road,
Chennai – 600 006. .. Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters
Patent against the order dated 28.11.2019 passed by the
learned Single Judge in W.P.No.23633 of 2017.
Prayer in WP.No.23638/2017: Writ Petition filed under Article 226 of the constitution of India, praying to issue a writ of certiorari calling for the records of from the files of the 2nd Respondent in I.D.No.32/2015 and quash the impugned award made therein dt.4.4.2017 insofar as the 1st Respondent has denied and negatived the claim of the petitioner for payment of full salary for the period of suspension and for settlement of terminate benefits including pensioner benefits.
For Appellant : Mr.K.M.Ramesh
JUDGMENT
(Delivered by The Hon'ble Chief Justice)
Heard learned counsel for the appellant.
//True Copy// Sub Assistant Registrar
bbr
To
2.The Presiding Officer,
Central Government Industrial Tribunal-cum-Labour Court,
Shastri Bhavan,
Haddows Road,
Chennai – 600 006.
W.A.No.463 of 2020
MR(CO)
CB(06/08/2020)
2 issues framed by the court
Whether dismissal of a bank employee found guilty of compromising gold ornaments kept as security for loans was punitive in excess of stain.
Whether Section 11A of the Industrial Disputes Act, 1947 applies to mitigate the quantum of punishment despite the serious nature of the breach of fiduciary duty.
2 provisions across 2 enactments
M. Swaminathan
The Deputy General Manager, State Bank of India
The Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court
A.P. Sahi
Senthil Kumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
