RAMDAS B KOTIAN Vs. BANK OF BARODA

JUDGEMENT

(1.) THE petitioner-Ramdas B. Kotian has challenged the Award dated November 13, 1992 passed in Reference No. CGIT-2/5 of 1988 in this petition under Article 226 of the Constitution.

(2.) THE petitioner was appointed as Peon in Bank of Baroda (hereinafter called as "employer") on January 1, 1978. He was confirmed in service on July 9, 1978. As he had remained absent from duty, Employer issued him notices pointing out to him that he had remained absent from duty unauthorisedly. On January 22, 1985 a show-cause notice was issued to the petitioner saying that on account of his continuous/recurring ill health, Employer could not utilise his services beneficially and it had caused hardships and inconvenience. The notice reads thus : "you have remained absent from duty on the ground of ill health on the following occasions : From 27. 5. 1982 to 12. 7. 1982 From 03. 5. 1983 to 06. 5. 1983 From 10. 5. 1983 to 24. 5. 1983 27. 5. 1983 From 1. 6. 1983 to 3. 6. 1983 From 7. 6. 1983 to 24. 8. 1983 From 22. 2. 1984 to 23. 2. 1984 From 28. 3. 1984 to 31. 3. 1984 From 5. 4. 1984 to 28. 4. 1984 From 4. 5. 1984 onwards. On account of your continuous/recurring ill health, we are unable to utilise you services beneficially and this has been causing great hardship and inconvenience to the Bank. As you are no longer in a position to discharge your duties to the Bank's satisfaction, you are hereby requested to show cause within 10 days from the date hereof as to why you services should not be terminated on the grounds of your continuous/recurring ill health. Yours faithfully, Sd/-Regional Manager (Bombay West Region)

(3.) THE petitioner replied the said show cause notice but the same was found unsatisfactory and on July 10, 1985 his services were terminated. The order of termination reads thus : "1. We refer to the show cause notice No. RM : Bom : West : STF : 20/254, dated 22nd January, 1985 whereby you were required to show cause why your services should not be terminated on the grounds, of your continuous/recurring ill health. 2. Your reply dated 8th February, 1985 has been considered but found not to be satisfactory. 3. I has, therefore, been decided that your services shall stand terminated with effect from 10th July, 1985 after office hours of 10 July, 1985.