K D VAISHYA Vs. CENTRAL GOVT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) IN this petition, the petitioner challenges the order passed by the Central Government Industrial Tribunal-cum-Labour Court No. 2, Bombay, whereby it declined to entertain the application filed by the K. D. Vaishya vs. Central Govt. Industrial Tribunal and Anr. (26. 11. 1992 -MPHC) Page 2 of 4 petitioner under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter addressed as 'the Act' ).

(2.) THE petitioner's claim is for payment of his withheld increments for the period from April 1, 1964 to Janaury 17, 1982. He was superannuated on January 17, 1982 by the respondent-Bank. It is submitted that the petitioner was entitled to the increments under para 85 of the Shastri Award and also under Bipartite Settlement arrived at between the representatives of employees and that of the Banks, including respondent No. 2. It is contended that the petitioner was illegally deprived of his increments. The Shastri Award provided that increments should normally be given and stoppage of increments by Management should only be by way of punishment for the proved misconduct or gross inefficiency.

(3.) THE claim was presented by the petitioner after his retirement in the year 1982. It is further contended that the Management never gave any charge-sheet, letter or memo to the petitioner and the increments could not be stopped without a charge-sheet and a proper enquiry.