JUDGMENT :

Chandramauli Kr. Prasad, J.

S.K. Kool, respondent no. 1 herein (since deceased), was working as a clerk with the petitioner, Bank of Baroda and while working as such after a departmental inquiry, as a measure of punishment, visited with the penalty of ‘removal from service with superannuation benefits as would be due otherwise and without disqualification from future employment’.

S.K. Kool, hereinafter referred to as ‘the employee’, made a request for leave encashment, which was declined by the petitioner Bank of Baroda, hereinafter referred to as ‘the employer’, on the ground that ‘where cessation of service takes place on account of employee’s resignation or his dismissal/termination/compulsory retirement from the Bank’s service, all leaves to his credit lapse.’

The employee laid claim for pensionary benefits but the same was also declined. However, the employer advised the employee to ask for sanction of compassionate allowance not exceeding two-thirds of the pension which would have been admissible to him otherwise. A dispute was raised and the competent Government referred the dispute for adjudication by the Industrial Tribunal. The dispute referred to the Industr