J SATYAPPA Vs. TUNGABHADRA GRAMIN BANK BELLARY

JUDGEMENT

(1.) THE petitioner is an employee of the respondent-Bank which is a rural Gramin Bank sponsored by the Canara Bank. He is before this court questioning the correctness of the order passed by the respondent dated 5-10-1993 issued by the General Manager of the respondent-Bank stating that his request for payment of subsistence allowance as per the industrial Bipartite Settlement does not apply for payment of subsistence allowance to him when the disciplinary proceedings are pending against him during the period of his suspension and further stated that the payment of subsistence allowance is governed by the Regulation 30 (4) of the Tungabhadra Gramin Bank Staff Service Regulations, 1982 (hereinafter called as the 'regulations' in short), by urging various facts and legal grounds.

(2.) TO consider the rival contentions of the learned Counsel appearing on behalf, of the parties, the relevant undisputed facts are stated as hereunder The petitioner-employee was kept under suspension pending disciplinary proceedings against him vide the order of suspension dated 1-9-1992 issued by the Chairman of the respondent-Bank. In the suspension order, it has been specifically mentioned that he will be paid subsistence allowance as per Regulation 30 (4) of the Regulations. It is also an undisputed fact that he has been continued in suspension from 1-9-1992 till he was reinstated on 10-2-1998 by revoking the suspension order. The disciplinary proceedings were initiated against him by issuing two charge-sheets dated 8-2-1993 and 10-3-1993 making certain allegations of misconducts alleged to have been committed by him in respect of which the proceedings are concluded and penalties are imposed upon him which are not the subject-matter of this writ petition.

(3.) THE case sought to be established by the learned Counsel Mr. P. S. Rajagopal appearing on behalf of the petitioner is that in pursuance of the order passed by the Apex Court in the writ petitions (Civil Nos. 7149 to 7150 of 1982 and 132 of 1984), the Central Government constituted national Industrial Tribunal (hereinafter referred to 'nit' in short), as it has opposed the prayers in the said writ petitions. The Apex Court has passed an order on 1-9-1987 on the basis of submission made by the learned Counsel on behalf of the Central Government that it had agreed to appoint the National Industrial Tribunal to decide the question relating to the pay, salary and other benefits payable to the employees of the regional Rural Banks constituted under the Regional Rural Banks Act, 1976. In terms of the order of the Supreme Court, the Central Government appointed National Industrial Tribunal consisting of Former Chief justice of Andhra Pradesh High Court Shri S. Obul Reddi for adjudication of the dispute referred to above. The dispute which was referred to the Tribunal by the Central Government which reads thus.