BANK OF INDIA Vs. AB KHALIQ MANDOO

JUDGEMENT

(1.) THIS case has its own history. Institution of the suit in the year 1993 till date has not crossed its infancy stage due to the hectic process of challenging the order passed in the application for temporary injunction. Not only this, the order dated 27.9.1997 passed by the Court of learned City Judge, after hearing both the parties has remained to be implemented.

(2.) THE precise noticing of factual matrix is imperative so as to appreciate the disposal of this revision petition in its right perspective.

(3.) WITH the advent of militancy and the consequent turmoil, some of the communities migrated from the valley, same is true about various employees who were working in various institutions including the petitioner Bank of India. In order to make functioning of the various institutions including the Bank of India operational, the Government of India Ministry of Finance Department of Economic Affairs (Banking Division) has issued a communication on 23.4.1990, whereunder it has been emphasized that the Government have considered the serious situation which has arisen in the Kashmir Valley due to migration of officers and staff working in various organizations. In order to ensure that these employees rejoin duty at the respective places of posting, Government has decided to extend certain compensatory facilities to them if they rejoin duty immediately. The decisions taken by the Government are also detailed in the communication whereunder CMDs of Banks having branches in Jammu and Kashmir, were asked to take immediate action to ensure that branches of the Banks in Kashmir Valley start functioning as early as possible. Responding to this communication the Bank of India (petitioner) has extended certain compensatory facilities to the migrant employees as detailed in the communication dated 14/7/1990 issued by the General Manager of the Bank.