PRAVIN H SHUKLA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) These four petitions involve common contentions and have been argued together by the learned Counsel appearing for the respective parties.

(2.) The first three petitions are almost identical. The petitioners who are the Bank employees of the Central Bank of India and Bank of Baroda have in these three petitions sought a direction on the Bank not to deduct any wages on the ground of absence of the concerned employees during the period from 23.3.1987 to 28.3.1987 and to treat them as on leave in terms of the applications that they may have made or were entitled to make. The respective Bank employees' Associations have also joined as co-petitioners in these three petitions. The office circular dated 19th September, 1987 at Annexure "B" in Special Civil Application No. 6820 of 1987 issued by the Central Bank which is the basis for such action has been challenged in that petition. Though no such circular of the other Bank is challenged in the other two petitions, the reliefs and directions sought in all the petitions are more or less the same.

(3.) As per circular of the Central Bank dated 19th Sept. 1987 in context of a call given by the All India Bank Employees' Association for march to Parliament on 27.3.1987, it was clarified that no leave other than sick leave be given to any staff who was the member of the said Association and its affiliated unit for 27.3.1987 as well as the days required for to and fro journey period from the place of work to Delhi, since it was a concerted action of the trade union. It was notified in the circular that any absence of such employees on 27.3.1987 as well as the journey period from the place of their work to Delhi and back should be treated as unauthorised absence and wages should be deducted accordingly for the entire period on the principle of "No work, no pay". A direction is sought on the banks in these petitions for not deducting any wages on the ground of absence of the concerned employees on or around 27th March, 1987.