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Officer can defend SBI staff facing charges: HC
Our Legal Correspondent
Chennai, Aug. 20 Employees of State Bank of India, who were facing disciplinary action by the management, have right to engage a representative of a trade union of bank employees to defend them in domestic enquiry, the Madurai Bench of Madras High Court has held.
There was no violation of any term of settlement between the SBI and employees if such employee facing disciplinary action availed himself of the services of a colleague, if he was an officer, to assist him in the enquiry.
While hearing a writ petition from Mr M. Raja, an award staff, challenging an order dated 7-7-2005 of SBI rejecting selection of one Mr M. Rajarathinam, an officer in the bank, to defend the petitioner in enquiry, Mr Justice K. Chandru said that according to settlement dated 10-4-2002 between the bank and employees, any representative of a registered trade union of bank employees could appear on behalf of charge-sheeted employee. He declined to accept the bank’s decision not to approve the selection of Mr Rajarathinam as he was an officer.
The interpretation of respondent bank that Mr Rajarathinam ceased to be a workman could not change his character as representative in domestic enquiry, the Judge ruled.
In any event, it was not a case where the bank had terminated a settlement and subsequently barred representation by an officer in enquiry.
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