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1964 Supreme(SC) 322

S. M. SIKRI, M. HIDAYATULLAH, R. S. BACHAWAT, J. C. SHAH, P. B. GAJENDRAGADKAR
Management Of Hindustan Commercial Bank LTD. , Kanpur – Appellant
Versus
Bhagwan Dass – Respondent


Advocates:
D.P.Singh, K.K.Garg, M.K.RAMAMURTHY, S.C.AGRAWAL, T.R.Bhasin

Judgment

BACHAWAT, J. :- The short point arising for our decision in this case is whether the special leave to appeal granted to the appellant on August 21, 1962. should be revoked on account of non- compliance with the provisions of O 13, R. 2 of the SC Rules, 1950.

2. The respondent was a cashier in the employ of the Amritsar Branch of the appellant Bank. He was suspended on May 5, 1952 and finally dismissed from the service of the appellant on January 24, 1959. In the meantime, he was prosecuted for offences under Ss. 408 and 420 of the Indian Penal Code. He was acquitted by the Trial Magistrate on March 21, 1955, and a revision petition against the order of acquittal was dismissed by the Additional Sessions Judge on June 23, 1955. On January 9, 1961, he filed a petition under Section 33-C (2) of the Industrial Disputes Act, 1947 before the Presiding Officer of the Central Government Labour Court, Delhi, claiming from the appellant payment of a sum of Rupees 16,000 in terms of paragraph 521(2)(c) of the Bank Award, including full salary and allowance from the date of suspension to the date of termination of his service. By an order dated March 28, 1961, the Labour Court allowed t






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