DENA BANK MEHSANA Vs. MAHENDRA R VYAS

JUDGEMENT

(1.) The appellant ousted the respondent from service, invoking Clause XVI of the Fourth Bipartite Settlement dated 17- 9-1984. The said Clause reads as follows :

(2.) The endeavour of Mr. K. N. Raval, learned Counsel for the appellant, was to demonstrate that there had been satisfaction of Clause XVI of the Fourth Bipartite Settlement and hence, there could not be complaint of violation of the same, on the basis of which violation alone, the respondent could covet reinduction into service. That there had been an undue absence from duty on the part of the respondent is not in a disputed sphere. On 14- 6-1989, the appellant wrote to the respondents as follows :

(3.) In the reply filed by the appellant to the Special Civil Application preferred by the respondent, there is a reference to a letter sent by registered post with acknowledgement due in the following terms :