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2005 Supreme(SC) 765

N.S.HEGDE, S.B.SINHA
Viveka Nand Sethi – Appellant
Versus
Chairman, Jammu And Kashmir. , Bank LTD. – Respondent


Judgment

S.B. Sinha, J.—These two appeals arising out of a common judgment and order dated 10.2.2003 passed by the High Court of Jammu & Kashmir at Jammu were taken up for hearing together and are being disposed of by this common judgment.

2. Interpretation of a bipartite settlement dated 8.9.1983 is in question in these appeals which arise out of the aforementioned judgment and order passed by a Division Bench of the said court dismissing an appeal preferred by the Jammu & Kashmir Bank Ltd. (hereinafter referred to as ‘the Bank’), affirming a judgment and order dated 15.12.1999 passed by a learned Single Judge of the said court whereby and whereunder an award dated 4.10.1995 passed by the Central Government Industrial Tribunal-cum-Labour Court, Chandigarh, directing the workman to be reinstated in service with the benefit of past service without any back wages had not been ­interfered with.

3. The workman was working as a Cashier-cum-Clerk with the Bank. He was transferred to Kolkata on or about 2.4.1981; but he did not join the said office or before 14.4.1981, when he was supposed to do so. On his failure to report to Kolkata office by 14.4.1981, a notice was issued by the Bank on 2





































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