CHENNAI: The Madras High Court had confirmed an award of the Central Government Industrial Tribunal cum Labour Court's order striking down the dismissal of service order passed by the SBI against its office assistant from Madurai.
Justice SM Subramaniam passed the order on dismissing the writ petition filed by the deputy general manager, and appellate authority, the HR department of SBI's Madurai cluster.
The appellate authority prayed for a direction to set aside the December 30, 2016, order of a labour court directing the petitioner to re-admit the respondent employee named Ramalingam by revoking the dismissal order.
According to the petitioner, the respondent and two others were transferred to nearby branches in 2013. Opposing the move, the employees observed a sit-in protest inside the bank beyond office hours from 2.30 PM on January 11, 2014, to 11 AM on January 12, 2014. "As the protest disturbed the office routines, a disciplinary proceeding was initiated. As the enquiry officer held that the charges are proven, the protesters were removed from service, " the petitioner institution submitted.
Recording the submission, the judge held that though there is no justification for the manner of protest made by the second respondent / Ramalingam by sitting inside the office premises beyond office hours to cause inconvenience to the Higher Officials of the petitioner/bank, the court is of the considered opinion that the punishment of removal from service is harsh, excessive and disproportionate.
"The Court does not find any infirmity in respect of the modification of punishment by the Industrial Tribunal by invoking the powers conferred under Section 11 (A) of the Industrial Disputes Act, 1947," the judge held.
The judge held that he/the employee is entitled to continuity of service but he is not entitled to any back wages as the principles of 'no work no pay' would be applicable.
"Liberty granted to the petitioner to transfer the respondent, " the court ordered.