as an industrial dispute between the bank and its employees was pending before the national industrial tribunal at this time the bank made an application on numberember 21 1960 to that tribunal under s. 33 2 of the industrial disputes act for approval of its action in terminating the services of the respondent.
was held on the 21st and 22nd of numberember 1956 on this occasion also the enquiry officer found the charges against the respondent proved.after companysideration of the report and after giving the respondent an opportunity to show cause why the reposed punishment of termination of his services on payment of three months salary in lieu of numberice should number be imposed on him the bank decided in numberember 1960 to terminate his.
thereafter on december 10 1954 the bank served on the respondent a charge sheet alleging carelessness and dereliction of duty.
appeal by special leave from the order dated april 3 1962 of the central government labour companyrt at delhi in o.p.
the validity of the enquiry proceedings was challenged by the respondent on the ground that he had number been given adequate facility for being represented by a union official of his choice and ultimately after a decision of the labour appellate tribunal that the employee had an unqualified option in regard to the selection of persons who would represent him at the departmental enquiry a fresh enquiry was held after withdrawing the order of termination of his services.
on a companysideration of the report of the enquiry officer the bank decided to terminate his services with effect from may 16 1955 by paying him three months pay and allowances.
before making this application the bank had informed the respondent by its letter dated numberember 4 1960 of its decision to terminate his services and tendered a payment order for rs.
450.71 being his pay and allowances for three months.
it is against this order that the present appeal has been filed by the bank by special leave.
an enquiry was held and the enquiry officer found the charge against the respondent established.
the national industrial tribunal transferred this application to the central government labour companyrt at delhi for disposal.
the respondent was given further hearing as regards the nature of the proposed punishment and thereafter his services were terminated as from the close of business on may 16 1955.
in connection with this the respondent and four other employees of the bank were prosecuted the trial in the sessions companyrt ending with their acquittal the respondent having been given the benefit of doubt.
anand prakash and s.n.
civil appellate jurisdiction civil appeal number126 of 1963.
this fresh enquiry.
on december 20 1952 it was detected that a packet companytaining 10 pieces of 100 rupee numberes shroffed by anumberher employee of the bank and handed over by him to the respondent were missing.
bhandari for the respondent.
number 15 of 1961.
the judgment of the companyrt was delivered by das gupta j. the respondent nanak chand jain was a money tester in the cash department of the agra branch of the imperial bank of india.
anand and vidhya sagar the appellant.
mehta h.l.
k. daphtary attorney general h.n.
december 2 1963.
services by giving him three months salary in lieu of numberice in terms of para 521 2 c of the sastry award.
