GENERAL MANAGER VIJAYA BANK Vs. PRAMOD KUMAR GUPTA

JUDGEMENT

(1.) Leave granted.

(2.) Heard Mr. K.T.S. Tulsi, learned senior counsel appearing on behalf of the appellants and Dr. R.G. Padia, learned senior counsel appearing on behalf of the respondent.

(3.) The appellant before us is the General Manager of Vijaya Bank. The respondent was employed in the bank as a clerk. According to the bank, he abstained from duty without any leave application on 12.09.1991. On 13.05.1992, the bank issued notice directing him to report for duty in 30 days time. On 11.06.1992, the respondent reported back to duty. Within ten days, i.e., on 21.06.1992, the respondent again abstained from duty without any prior intimation. On 08.09.1992, the bank issued second notice to the respondent. A copy of the said notice was also pasted on the notice board. The said notice dt.08.09.1992 was received by the respondent on 14.09.1992. According to the respondent, when he reports for duty on 12.10.1992, he was not permitted by the bank since he has not joined duty on 08.10.1992, i.e., within 30 days from 08.09.1992. The respondent after four years raised a dispute on 01.04.1996. He protested against the termination. Thereafter, the matter was referred to the Industrial Tribunal. The Tribunal in para 12 of its order has held as under :-