SHENOY Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THESE two petitions which are being disposed of by this common judgment come before us on reference, since important questions of law, a decision on which would have impact on the service conditions of a large number of Bank employees, are involved in them.

(2.) O. P. 4788/77 is by two Sub-Accountants in the Central bank of India , one employed at the Ernakulam office and the other at the Quilon office and are respectively the President and the General Secretary of the Central Bank of India Employees' Union at the respective places. O. P. 542/ 78 is by a Clerk-cum-shroff and a Teller of the Indian Bank. The 1st petitioner is described also as the General Secretary and the 2nd petitioner as Joint secretary of the Indian Bank Employees' Union , kerala. In both the petitions, the respondents are the concerned Banks and their officers. The petitioners sought leave under Order I R. 8 C. P. C, to enable them to prosecute the petitions in a representative capacity by two petitions; C. M. P. Nos. 3839 and 4002/82. Both of them were dismissed as highly belated.

(3.) THE grounds urged in this petition are (1) that under the conciliation settlement dated 19-10-1966 popularly known as the first bipartite settlement, "absence without leave" as in this case, could only be treated as a misconduct which is punishable in accordance with the procedure laid down therein and deduction of salary otherwise than in accordance with the said procedure is unauthorised and illegal; (2) that under the Payment of Wages Act, 1936 only pro rata deduction of salary for the period of unauthorised absence is permissible and a deduction of full day's salary is in violation of S. 7 read with S. 9; and (3) deduction which has visited the petitioners with civil consequences are punitive in nature and such deduction without hearing the petitioners is void and violative of the principles of natural justice. THE orders are challenged as offending Art. 14 and 23 (1) of the constitution also. No counter affidavit is filed in this petition.