KULDEEP KUMAR JOHARI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This special appeal has been preferred by an award employee, (Workman), who was employed as a Cashier in the State Bank of India in a substantive capacity. Pursuant to disciplinary proceedings taken against him, he was dismissed from service by order dated 03.09.1986. Against the said order, he preferred a statutory appeal. The Appellate Authority noted that the appellant had put in over eight years of service in the Bank till his suspension and was 30 years of age and considering that, condoned his misconduct and discharged him from service in terms of Para 521 (10) (c) of the Shastry Award, as retained by the Desai Award; with effect from the date of his dismissal. A direction was also issued to pay him retrenchment compensation and a month's pay in lieu of notice in terms of Section 25 - F of the Industrial Disputes Act, and accordingly modified the order of the Disciplinary Authority dated 3rd September, 1986. The appeal was disposed of on 9th February, 1987.

(2.) The appellant, aggrieved by that order, preferred a petition before this Court. The relief sought for by the appellant, amongst others, were to quash the orders of dismissal and/or discharge, and to allow him to continue on the post which he was holding at that time, with all consequential benefits, back wages arising therefrom etc., and also to issue any other writ, which the Court deemed fit and proper. The learned Single Judge by order dated April 6, 2010 was pleased to dismiss the petition by recording a finding that he found no illegality in the order passed by the Appellate Authority. It is this order, which is the subject matter of the present appeal.

(3.) At the hearing of this appeal, on behalf of the appellant, the learned counsel has limited himself to the issue that, though the termination is by way of discharge, the terminal dues to which the appellant is entitled to, have not been paid. Learned counsel has relied on the Shastry Award for that purpose.