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1988 Supreme(SC) 306

N.D.OJHA, E.S.VENKATARAMIAH
C. V. Raman: State Bank Staff Union (Madras Circle) : A. Manickavasagam: Syndicate Bank: Syndicate Bank: Bank Of India – Appellant
Versus
Management Of Bank Of India: State Bank Of India: State Bank Of India: P. O. Labour Court, Guntur: Labour Court, Guntur: P. A. Stalin – Respondent


Advocates:
AMBRISH KUMAR, C.S.VAIDYANATHAN, C.V.SUBBA RAO, G.N.Rao, G.NARASIMHULU, K.N.BHATT, K.RAM KUMAR, K.V.MOHAN, M.A.Firoz, M.S.Rao, N.G.R.Prasad, P.K.PALLI, R.P.KAPUR, R.VAIGAI, RAJ BIRBAL, RAVINDER BHATT, S.R.Setia, V.C.MAHAJAN, VIJAY VERMA

Judgment

OJHA, J. :- These appeals raise an identical question and are as such being decided by a common judgment. Before coming to the question involved in these appeals it would be necessary to give in brief the facts of each of these cases to indicate the circumstances in which the said question arises. Civil Appeals Nos. 4291-4292 of 1984 have been preferred against the judgment dated 18th April, 1984 of the Madras High Court in Writ, Appeals Nos. 561 and 562 of 1983 (Reported in (1984) 2 Lab LJ 34). C. V. Raman, the appellant in these two appeals was an employee in the Bank of India which is a Nationalised. Bank. He was dismissed from service in pursuance of disciplinary action for certain charges framed against him. Aggrieved he preferred an appeal under Section 41(2) of the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Tamil Nadu Shops Act). A preliminary objection was raised on behalf of the Bank of India to the effect that the Tamil Nadu Shops Act was not applicable to. the Bank in view of the provisions contained in Section 4(1)(c) thereof which exempted inter alia an establishment under the Central Government from the purview of that Act. T












































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