STATE BANK OF SAURASTHRA Vs. S D DAVE

JUDGEMENT

(1.) This appeal, which is filed under Clause 15 of the Letters Patent is directed against order dated June 28, 1995 rendered by the learned Single Judge in Civil Application No.625/95, by which the appellant is directed to pay full wages last drawn by the respondent inclusive of all allowances admissible to him under the Rules from 21/06/1994 till date during stay of operation and implementation of award and order dated 21/06/1994 passed by the learned Presiding Officer, Industrial Tribunal (C), Ahmedabad in Reference (ITC) No.12/88.

(2.) The respondent joined service of the appellant-bank in the year 1963 as a Clerk. Thereafter he was transferred to Jamnagar. He was served with the chargesheet dated 6/04/1976, wherein 6 different charges were levelled against him. Inquiry was held and ultimately he was removed from service on 28/06/1979. The respondent had challenged his removal from service by way of filing Regular Civil Suit No.367/79 in the Court of learned Civil Judge (SD), Bhavnagar. However, the suit was dismissed by the learned Judge on February 14, 1983 holding that the Civil Court had no jurisdiction to try the subject matter of the suit. In an appeal filed by the respondent against the decree passed by the Trial Court, District Court returned plaint Exh.1 to the respondent for presentation to the appropriate Court. Thereupon the respondent made an application to the appropriate authority for referring the dispute to the Court regarding his reinstatement in service. As required by the provisions of the Industrial Tribunal Act, conciliation proceedings were initiated by the appropriate authority and an objection was raised on behalf of the appellant that the proceedings before the appropriate authority were not competent, as the respondent had not availed of the remedy of filing an appeal under the relevant regulation. On suggestion being made by the appropriate authority, the respondent was reinstated in service by the appellant and the respondent had preferred an appeal before the authority as provided in banking regulations. The appeal filed by the respondent was dismissed, upon which dispute was raised which was referred to the Presiding Officer of the Industrial Tribunal, Ahmedabad for adjudication. The Presiding Officer of the Industrial Tribunal by his award and order dated 21/06/1994 has allowed the reference partly and set aside the order of dismissal dated June 28, 1979. The Tribunal has directed the appellant to reinstate the respondent on his original post of Clerk without backwages. That award is challenged by the appellant in Special Civil Application No. 11031/94. The petition was placed before the learned Single Judge for admission hearing on 27/10/1994 and following order was passed :-

(3.) We may state that in Para-8 of the petition, the appellant had prayed to stay implementation and operation of the award rendered by the Tribunal. As liberty was reserved to the respondent to apply for relief as provided under section 17B of the Industrial Disputes Act, 1948, the respondent filed Civil Application No. 625/95 and prayed the Court to direct the appellant to pay salary together with allowances to him during the pendency and final hearing of the petition.