The High Court dismissed writ petitions challenging an Industrial Tribunal's award. The Tribunal reinstated an employee but denied back wages, finding bribery charges unsubstantiated. The Court held the award contained no infirmity.
Bank to disburse terminal benefits including unpaid salary from award date to superannuation within four weeks.
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
RESERVED ON : 21.09.2021 PRONOUNCED ON : 24.01.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.22644 of 2012 & W.P.2764 of 2013 and M.P.Nos.1 & 2 of 2012
In W.P.No.22644 of 2012:
The Indian Bank, 4, Bharathi Road, AVR Tower, Cuddalore 607 001 rep. by its Zonal Manager.
... Petitioner Vs.
1.The Presiding Officer, Central Government Industrial Tribunal cum Labour Court, Chennai.
2.R.Thangarajan (Deceased)
3.T.Malathi
4.T.Karthikeyan [R3 & R4 substituted as LRs of deceased respondent R2 vide order dated 07.09.2021 made in WMP.No.27755/2019 in WP.22644/2012]
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the first respondent in I.D.No.26 of 2008 and to quash the award dated 08.02.2012.
In W.P.No.2764 of 2013:
1.R.Thangarajan (Deceased)
2.T.Malathi
3.T.Karthikeyan [P2 & P3 substituted as LRs of deceased respondent P1 vide order dated 18.10.2019 made in WMP.No.27751/2019
https://hcservices.ecourts.gov.in/hcservices/ in WP.2764/2013] ... Petitioners
Vs.
1.The Presiding Officer, Central Government Industrial Tribunal cum Labour Court, Chennai.
2.The Indian Bank, rep. by its Zonal Manager, 4, Bharathi Road, AVR Tower, Cuddalore 607 001. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the first respondent, quash the award passed by the first respondent Tribunal dated 08.02.2012 in I.D.No.26 of 2008 insofar as denying back wages as illegal, arbitrary and contrary to law and consequently direct the second respondent Bank to pay full back wages.
For Petitioners : Mr.Balan Haridas in W.P.2764/2013
& Respondents 3 & 4 in W.P.22644/2012 For Respondent-2 : Mr.Anand Gopalan in W.P.2764/2013 for M/s.T.S.Gopalan & Co. & Petitioner in W.P.22644/2012
C O M M O N O R D E R
An Indian Bank employee was subjected to a domestic enquiry under a charge sheet dated 18.08.2004, alleging abetment for forgery for issuance of a “No Due Certificate” to Vallalar Grama Bank, Sethiathope and also for receiving a bribe of Rs.50/- in this regard. The charges were held as proved by the enquiry officer and the punishment of censure and compulsory retirement from service with superannuation benefits was imposed on 09.10.2006. The punishment was confirmed in appeal by the Appellate Authority on 20.11.2006.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
DP
To
The Presiding Officer, Central Government Industrial Tribunal cum Labour Court,Chennai 6.
+1 cc to M/s.T.S.Gopalan & Co. ., Advocate Sr.NO.4331 +1 cc to Mr.Balan Haridas, Advocate Sr.NO. 4561
W.P.No.22644 of 2012
& W.P.2764 of 2013 and M.P.Nos.1 & 2 of 2012
bs(CO) https://hcservices.ecourts.gov.in/hcservices/ A.SK(02.02.2022)
2 issues framed by the court
Whether the High Court should interfere with the Industrial Tribunal's award reinstating a dismissed employee without back wages.
Whether the Tribunal's refusal to grant back wages was illegal or arbitrary given the finding that bribery charges were not substantiated.
1 provisions across 1 enactments
The Indian Bank
R.Thangarajan
T.Malathi
T.Karthikeyan
The Presiding Officer, Central Government Industrial Tribunal cum Labour Court, Chennai
M.S. RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
