HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE SANJAY KUMAR W.A.No.1580 of 2004 O R D E R:- (per Hon’ble Sri Justice Ghulam Mohammed) The Writ Appeal is directed against the order of the learned Single Judge of this Court passed in W.P.No.172830 of 1994 dated 15.07.2004. This Writ Appeal is preferred by the Vysya Bank Limited, challenging the award of the management in directing to reinstate the workman without attendant benefits and backwages. The appellant-management is a nationalized bank and respondent herein is a workman. The respondent- workman was a member of the sub-staff. The charge levelled against the workman is that he removed some amount on a particular day and restored, however, later on the same date. A charge sheet was issued and a regular domestic enquiry had been conducted and in the enquiry, the workman was found guilty for various reasons. During the enquiry, it appears a letter said to have been addressed by the workman was pressed into service. The contents and the effect of that letter was that the workman had admitted that he took away some amount on a particular day and the same had been again restored. Further, the workman had requested to condone his mistake and with a further promise that such kind of mistake would not be repeated in future. Since the workman himself admitted that he took the amount on a particular day and restored the same on the same day, through a letter, which was pressed into service by the management, learned Single Judge could not find any mala fides or perversity in the findings of the enquiry officer. Therefore, learned Single Judge held that reasoning given by the Tribunal in issuing the direction to the management to reinstate the workman with full backwages and other benefits is totally perverse and therefore, set aside the impugned award passed by the Tribunal and allowed the Writ Petition. This Writ Appeal is, now, preferred in respect of the order of the learned Single Judge in so far as it directs payment of backwages as per the interim order granted in 1996. It is seen from record that the interim order was made absolute in W.P.M.P.No.21460 of 1994, W.V.M.P.No.2448 of 1996 and W.P.M.P.No.25106 of 1996 dated 11.10.1996 while directing the management to comply with Section 17-B of the Industrial Disputes Act, 1947. On that premise, the learned Single Judge directed the management to verify as to whether the said direction of this Court, as regards the payment of last wages drawn were paid till date or not, if not paid, the amount shall be paid forthwith to the workman. The learned Single Judge also held that management shall not make any recovery of the amounts so paid in compliance of the order of this Court in W.P.MP.No.21460 of 1994, W.V.MP.No.2448 of 1996 and W.P.M.P.No.25106 of 1996, by order, dated 11.10.1996. In the circumstances, we do not see any ground to interfere with the order of the learned Single Judge which is based on proper appreciation of the material on record. The Writ Appeal therefore, fails and is accordingly dismissed. No costs. ___________________ GHULAM MOHAMMED,J _________________​_ SANJAY KUMAR, J Dt. 28th September, 2011. PNV/KK