PUNJAB & SIND BANK Vs. KABUL SINGH

JUDGEMENT

(1.) The facts required to be noticed for the disposal of this appeal are that respondent was pasted as a Gun man in the office of the appellant-Bank at Taran Taran in the year 1991 and he was involved in a case F.I.R. No. 12 of 1991 registered under section 379/411 of the Indian Penal Code at Police Station City Taran Taran. He was tried by Additional Judge, Designated Court, Amritsar and vide judgment dated 20.1.1991, he was acquitted of the charges by giving him the benefit of doubt. The respondent had been paid arrears for the period from 25.10.1997 to 18.8.1998, but the appellant- Bank did not pay wages for the remaining period from 9.3.1991 to 24.10.1997 and in order to secure the wages of that period, he knocked at the door of the lower court by filing a suit for declaration, which was dismissed by the trial Court vide judgment and decree dated 18.3.2005. Aggrieved against the judgment and decree passed by the trial Court, plaintiff-respondent preferred an appeal before the lower appellate authority, which was accepted vide judgment and decree dated 1.9.2005 reversing the finding recorded by the trial Court. The appellant-Bank had no other option but to file the second appeal before this Court challenging the findings recorded by the lower appellate authority.

(2.) In order to avoid repetition, the other facts are not required to be reproduced herein inasmuch as, they have been recapitulated in the judgments on the courts below.

(3.) It is an admitted case of the parties that service conditions of the respondent are governed by Bipartite Settlement and in order to arrive at the right conclusion, it is necessary to reproduce the Settlement, which reads as under :