JANATA SAHAKARI BANK LIMITED Vs. PRABHAKAR RAJARAM GANGAN

JUDGEMENT

(1.) THIS Letters Patent Appeal seeks to quash and set aside a Judgment and order passed by the Single Judge of this Court on 20.10.1999 in Writ Petition No.2262 of 1991. By the impugned Judgment and order, the learned Single Judge allowed the said writ petition and quashed and set aside the Judgment and order passed by the Member, Industrial Court, Pune in (ULP) No.87 of 1999 by which the Industrial Court, Pune had dismissed the complaint filed by the employee. By the impugned Judgment, the Single Judge directed that the employee shall be deemed to have continued in service for a period of three years from the date of superannuation and that he shall be entitled to wages for that period as he would have earned the same had he been continued in service. The learned Single Judge observed that the employee was in service till 30.4.1991 due to protection granted by the Industrial Court and therefore, it was further directed that this period could be deducted while computing the wages for the period of three years.

(2.) THE brief facts of the case are as under:

(3.) THE learned Single Judge has allowed the writ petition on the ground that the report submitted was vague in the sense that there were no details of the day to day errors said to have been committed by the employee. In our view, the said report was merely an internal administrative report forwarded to the Head office for the purpose of aiding the Manager in exercising his administrative discretion and could not be faulted merely it does not contain details. The report also does state that there was no benefit to the bank by extending the service of the employee.