LAWS(J&K)-2010-3-23

S. CHANCHAL SINGH Vs. STATE BANK OF INDIA

Decided On March 17, 2010
S. Chanchal Singh Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) Petitioner was an employee of respondent-Bank, came to be dismissed from service retrospectively with effect from 17th of September' 1987 vide order dated 8th of August' 1988. Feeling aggrieved, he questioned the same before the Central Government Industrial-cum-Labour Tribunal, Chandigarh, it vide award ID No. 174/99 dated 23rd of September' 2003 partly allowed the case of the petitioner by holding that the impugned dismissal order is legal but held it illegal so far it pertains to retrospective effect. Feeling aggrieved, the petitioner has questioned the dismissal order and award of the Tribunal on the grounds taken in the writ petition.

(2.) A very short controversy is involved in this writ petition, i.e., whether the petitioner was to be given an opportunity of being heard by the respondents before passing the impugned order? If so, whether he has been heard?

(3.) In order to thrash out the question framed (supra), it is necessary to give a brief resume of the case, which has given birth to the impugned order.