Extend benefits to staffer sacked for hanging Ambedkar portrait, SBI told

Setting aside a single judge’s verdict that upheld the dismissal of an SBI employee for hanging an Ambedkar portrait in its Adyar branch in 2004, the Madras High Court asked the bank to reinstate the man as ordered by a labour court.

A division bench of Justice M Duraiswamy and Justice J Sathya Narayana Prasad passed the direction on allowing an appeal filed by M Gowrishankar, who challenged the single judge’s order confirming his dismissal.

Observing that the Union Economic Affairs Department had sent a circular directing all nationalised banks to display Dr BR Ambedkar’s portrait, the judges said the bank could have reversed its decision.

“The SBI is directed to pay all other attendant benefits, but without back wages, as ordered by the Central Government Industrial Tribunal-cum-Labour Court on April 30, 2012,” the bench ruled.

The bank contented that except for Gandhi’s portrait, no other photographs are hung in the bank premises.

“If anybody wants to put up other portraits, there should be proper permission. The bank normally would not permit putting up the portrait of other leaders. Otherwise, it will lead to so many demands from various sections of the employees,” the SBI’s counsel submitted. However, the bench rejected the contention.

According to the petitioner, the bank authorities issued a charge memo after he hung an Ambedkar portrait in the bank hall on July 15, 2004. Later, he was dismissed from service by adding additional charges.

The appellant authority upheld the dismissal by modifying the orders, allowing him to have only the superannuation benefits, the petitioner submitted.

He then approached the Central Government Industrial Tribunal, which directed SBI to reinstate him without back wages, but with continuity of service and all other attended benefits, his counsel NGR Prasad said.