SURENDRA MISHRA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) After the matter was fully heard in detail it was noticed by me from the order contained in Annexure 1 that earlier Mr. Basudeo Prasad, learned senior counsel had appeared on behalf of the Bank in the connected matter. Normally I do not hear matters in which Mr. Prasad is associated. Accordingly, I expressed my inability to hear this matter to the learned Counsel for the parties. However, Dr. Jha, learned senior counsel appearing for the petitioner and Mr. Sinha senior counsel appearing for the Bank submitted that they have absolutely no objection if the matter is heard by this Bench and decided on merits. Under such circumstances, on their persuation this matter has been heard by this Court on merits.

(2.) In this writ petition the grievance of the petitioner, who is an employee in the subordinate cadre of the State Bank of India, is that he has been denied of the other benefits resulting from his confirmation in service with effect from February 13, 1970 as a consequence of the award given by the Presiding Officer of the Central Government Industrial Tribunal No. I, Dhanbad in Reference No. 61 of 1983.

(3.) In short, the relevant facts of the case is that the petitioner was terminated from the service of the Bank against which Reference Case No. 3/1972 was made to the Central Government Industrial Tribunal No. III for adjudication as to whether the action of the management of the Bank in terminating his service with effect from October 11, 1971 was justified and, further, as to what relief he was entitled? The Presiding Officer of the Tribunal gave his award on April 15, 1977 (Annexure 2), whereby the termination of the service of the petitioner was held to be not at all proper and the action of the Bank in doing so was not found justified. Accordingly, the petitioner was held to be entitled to reinstatement with full back wages within one month from the date of publication of the award.