JAYANTH G JOSHI Vs. MANAGEMENT OF SYNDICATE BANK

JUDGEMENT

(1.) The legality and correctness of order dated 18.06.2015 passed in W.P.No.9648/2007 (L-TER) by learned single Judge of this Court is assailed in this appeal.

(2.) Though the appeal is listed for preliminary hearing having heard learned counsel for the respective parties at length, with their consent it is disposed off by this judgment.

(3.) Briefly stated the facts are that the appellant who was appointed in the respondent-Bank as a Clerk on 10.04.1968 and thereafter promoted as Special Assistant and transferred to Chikodi branch by letter dated 21.01.1997. He remained absent from duties at Akol branch from 29.01.1997. On 15.02.1997, he was relieved in absentia from Akol branch, but he did not report to duty at Chikkodi branch. Thus, he was absent from duty from 29.01.1997 to 31.08.1997 and an explanation was called for. Not being satisfied with the explanation, a charge sheet was issued on two counts, (i) not reporting to duty at Chikkodi and (ii) for unauthorized absence from 29.01.1997 to 31.08.1997. An enquiry was held and appellant was dismissed from service. He filed an appeal against the order of dismissal, which was rejected and thereafter he filed writ petition in W.P.No.24994/2001, which was disposed off by order dated 20.07.2001, directing him to raise a dispute before the Industrial Tribunal under the Industrial Disputes Act, 1947. Subsequently, he raised a dispute before the Industrial Tribunal-cum-Labour Court, Bangalore (hereinafter referred to as the 'Tribunal' for the sake of convenience) in C.R.No.16/2002, which was disposed off by award dated 02.02.2007 whereby the order of dismissal passed against the appellant was substituted by an order of termination of his services. One significant fact to be stated at this stage is that during the pendency of the proceeding before the Tribunal, appellant retired on attaining the age of superannuation in the year 2003. Another significant aspect is that the order of termination passed by the Tribunal has been accepted by the respondent-Bank. Being aggrieved by the award of the Tribunal, the appellant preferred W.P.No.9648/2007, which has been dismissed by the learned Single Judge as being devoid of any merit. In the circumstances, this writ appeal has been preferred.