G D GOYAL Vs. PRESIDING OFFICER

JUDGEMENT

(1.) After hearing learned counsel for the parties, the review application is allowed and the order dated 20.12.2011 is recalled and the appeal is restored to its original number.

(2.) We have heard learned counsel for the parties at a considerable length and are of the view that there is no ground to interfere in the view taken by the learned Single Judge as well as by the learned Labour Court.

(3.) Learned counsel for the appellant has vehemently argued that the appellant joined duties in pursuance of notice dated 21.1.1994 Exhibit W-16 (P-5) therefore, the Clause 17(c) of the 5th Bipartite Settlement could not be invoked against the appellant by the Bank. It is also contended that Clause 17(c) of the Bipartite Settlement has since been deleted on 1.11.1997 in a subsequent settlement, therefore, the action taken by the Bank against the appellant on the basis of such clause is not tenable.