1. Heard Ms.Dharmishta Raval, learned advocate for the petitioner. It is submitted by her that by the impugned award passed by the Central Government Industrial Tribunal Cum Labour Court, Ahmedabad, dated 30.05.2012, the punishment of dismissal imposed by the Disciplinary Authority upon respondent No.1, has been set aside, in view of the judgment of the High Court dated 07.05.2007 passed in Special Civil Application No.12168 of 2007, and on the ground that the principles of natural justice have not been followed in right perspective. It is further submitted that in the order dated 07.05.2007 passed in Special Civil Application No.12168 of 2007, the High Court has not gone into merits of the case and has directed the petitioner-Bank to pass an appropriate, reasoned order. It is further submitted that insofar as the principles of natural justice are concerned, the Labour Court has itself recorded in the impugned judgment that the Bank has given a second opportunity to respondent No.1 vide letter dated 15.05.2005 and respondent No.1 has filed a reply on 16.06.2004, after going through which the services of the respondent-workman were terminated, vide letter dated 25.09.2001. It is further contended that the respondent-workman has not challenged the propriety/validity of the domestic inquiry held against him, but has only challenged the findings of the Disciplinary Authority, which has disagreed with the findings of the Inquiry Officer.
2. Referring to the impugned judgment, the learned advocate for the petitioner has submitted that the Labour Court has referred to Exh:32 which is the second Show Cause Notice issued to the respondent-workman along with the tentative punishment order of dismissal, in terms of Para-6(a) of the Memorandum of Settlement dated 10.04.2002. She has also referred to Exh:34 which is a letter dated 12.07.2004, informing the workman regarding grant of permission for personal hearing before the Disciplinary Authority. It is, therefore, contended that the findings arrived at by the Trial Court are not borne out from the material on record.
3. Issue Rule and Notice as to interim relief, returnable on 10.09.2012.
4. By way of ad-interim relief, it is directed that the implementation, execution and operation of the impugned award dated 30.05.2012, shall remain stayed, till then.
(Smt.
Abhilasha Kumari, J.) rakesh/