JAIN SAHAKARI BANK LTD Vs. BHARTI JOSHI

JUDGEMENT

(1.) This Petition impugns an order dated 14-10-2008 passed by the Labour Court, on an Application filed by the Respondent-employee under Section 33C(2) of the Industrial Dispute Act, 1947. By the impugned order, the Application was partly allowed and the Petitioner-Bank was directed to pay the Respondent-employee an amount of Rs.1,28,623/- towards difference in salary, leave travel allowance, medical allowance, encashment of casual leave, etc, for the suspension period from 23-11-2001 to 17-08-2004 as against the claim of Rs. 1,68,323/-.

(2.) The Respondent-employee (hereinafter referred to as 'the employee') joined the Petitioner-Bank (hereinafter referred to as the 'Bank') in 1986 as a Junior Clerk. On 23 rd November, 2001, a charge-sheet was issued to her and she was suspended pending inquiry for allegedly committing serious acts of misconduct.

(3.) A Show Cause Notice was issued to the employee by the Bank after the inquiry officer submitted his Report holding her guilty of charges levelled against her. The employee thereupon filed Complaint (ULP) No. 214 of 2003 apprehending that she may be dismissed. On 25- 4-2003, the Labour Court directed status quo to be maintained with regard to the services of the employee. During the pendency of the Complaint, by letter dated 17th August, 2004, the Bank informed the employee that they will not take any action against her for dismissal or discharge and that they are only going to stop her increment. By the said letter, the suspension order of employee was also revoked and she was advised to report for work. In these circumstances, the Labour Court by its order dated 25 th February, 2005, disposed of the Complaint, since the apprehension of the employee of being dismissed no longer survived.