SHIVNANDA SHARMA Vs. PUNJAB NATIONAL BANK LIMITED

JUDGEMENT

(1.) This is an appeal by special leave against the orders of the Lucknow Bench of the Labour Appellate Tribunal of India (hereinafter to be referred to as "The Appellate Tribunal") dated 31-8-1953, setting aside the award dated 13-10-1952 made by the Chairman, Central Government Industrial Tribunal, Calcutta (hereinafter to be referred to as "The Tribunal") reinstating the appellant as the head cashier with back salary under the Punjab National Bank (hereinafter called "The Bank").

(2.) The facts leading up to this appeal may shortly be stated. The appellant started his service as the head cashier in the Una branch of the Bank on 18-6-1949. The Cash Department of the Bank is in charge of Treasurers. The relation between the Bank and the Treasurers is evidenced by an agreement dated 1-5-1944 (Ex. 1) which will be noticed in detail hereinafter. That was an agreement between the Bank and "Messrs. Rai Bahadur Karam Chand Puri and Bros." That firm was appointed the Treasurers at the head office of the Bank and other places in and outside the Punjab.

(3.) Whatever may be the merits of the answer given to the question propounded by the Tribunal, there is no doubt that the question posed had been wrongly framed. The discharge or dismissal of the appellant had nothing to do with the change in the personnel of the Treasurers. The appellant's services were dispensed with on the ground that the Una Branch where he was employed as head cashier being an uneconomic unit had to be closed and that therefore the appellant's services were no more required.