Non-disclosure of Higher educational qualification, is not misconduct

In Bank of Baroda v. CGIT, the Punjab and  Haryana High Court had the opportunity to consider whether omitting to disclose information regarding higher academic qualification than required for the post of peon, whether, amounted to misrepresentation / misconduct. In that case, the Management had chargesheeted the employee for misrepresentation and had dismissed him from service, after discovering guilt in the departmental proceedings. However, in the reference to the labour court, the court set aside the dismissial of the workman and awarded reinstatement. The Bank prefered a Writ petition against the award, wherein, the High Court held that ‘the employee made no misrepresentation to the bank nor caused any harm to it. Therefore, there is no misconduct on part of employee. Hence, his dismissal is highly unjustified.’ The writ petition was dismissed with expemplary cost.

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About Thomas Geeverghese

Advocate, Ernakulam
This entry was posted in Industrial Disputes and tagged , , , . Bookmark the permalink.

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