PUNJAB AND SIND BANK Vs. CHARANJIT SINGH

JUDGEMENT

(1.) Through this Regular Second Appeal, defendant-bank has laid challenge to the judgment and decree dtd. 28/2/2013 of the First Appellate Court, reversing the judgment and decree dtd. 7/10/2011 of the trial Court, whereby suit of the respondent-plaintiff was dismissed.

(2.) Put pithily, during service as a Clerk-cum-Cashier with the appellant-bank, respondent obtained loan of Rs.70,000.00 under housing loan scheme of the staff on 26/5/1987, which was repayable in monthly instalments of Rs.490.00 per month, so to be deducted from his salary during his service. Services of the respondent-plaintiff were terminated vide order dtd. 24/9/1991. He raised industrial dispute. Presiding Officer, Central Industrial Tribunal-cum-Labour Court, Chandigarh vide award dtd. 3/2/1999 directed the appellant-bank to reinstate him with continuity of service, but without backwages, holding termination order against him as illegal.

(3.) 1 of 6 On challenge of the award aforesaid by the appellant-bank before this Court by way of a Civil Writ Petition, operation of the same was stayed. However, this Court allowing the application of the respondent under Sec. 17-B of the Industrial Disputes Act directed the appellant- bank to pay his last drawn wages to the respondent-plaintiff, which he was receiving every month w.e.f. 10/6/1999. Pursuant thereto, appellant-bank started paying to the respondent, his last drawn wages every month till the date of superannuation. Simultaneously, respondent-plaintiff also filed a Writ Petition before this Court for grant of full backwages. Both the said Writ Petitions are still pending.