LAWS(GJH)-2004-12-22

JAGDISHCHANDRA MAGANLAL TRIVEDI Vs. STATE BANK OF INDIA

Decided On December 23, 2004
JAGDISHCHANDRA MAGANLAL TRIVEDI (DECD.) THROUGH HIS HEIRS AND LRS. Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) Before adverting to the facts of the matters at hand, it would be proper to refer to few observations made by the Division Bench of the Karnataka High Court in Mangalore Ganesh Beedi Works & Ors. v.Mangalore Ganesh Beedi Workers and Allied Beedi Factories Workers Association, Akbar Road, Mandi Mohalla, Mysore, 2004 (103) FLR 387, since the same are material in view of the facts of the present case.

(2.) Heard Ms. Sushma S. Shah for Mr. Sunil K. Shah for the applicants original appellants and Mr. Pranav G. Desai, learned Advocate for the respondent- Bank.

(3.) The original appellant-Jagdishchandra Maganlal Trivedi was the Middle Management Gr. II Officer of the respondent-Bank. He filed Special Civil Application No. 4121 of 1984 challenging the order passed by the appellate authority of the respondent-Bank dated May 7, 1983 [Annexure-J] and the order dated November 30, 1983 [Annexure-L] which was dismissed by this Court (Coram : S. K. Keshote, J.) on 8th July, 1997. Said order of dismissal of the petition was challenged by said Jagdishchandra Maganlal Trivedi before the Division Bench of this Court by filing Letters Patent Appeal No. 1323 of 1997. Said Letters Patent Appeal was decided by this Court (Coram : Hon'ble Chief Justice and H. K. Rathod, J.) on April 15, 2004 wherein order dated May 7, 1983 and November 30, 1983 passed by the respondent-Bank were set aside. This Court also set aside the order dated July 8, 1997 passed in Special Civil Application No. 4121 of 1984 and the said petition, was thus, allowed by the Division Bench of this Court.