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2023 Supreme(Bom) 52

A. S. CHANDURKAR, VRUSHALI V. JOSHI
Rajendra S/o. Dwarkanath Bakre – Appellant
Versus
Asstt. Labour Commissioner (Central), Nagpur – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Shri A.T. Purohit, counsel.

JUDGMENT :

A.S. Chandurkar, J.

RULE. Rule made returnable forthwith and heard the petitioner in person and Shri A.T. Purohit, learned counsel for the respondent no.2.

The petitioner seeks a declaration that the order of dismissal dated 01.10.2015 having been passed by the respondent no.2-Bank of India in breach of Section 33(1)(b) of the Industrial Disputes Act, 1947 (for short, ‘the Act of 1947’) is void ab initio and the petitioner be treated to be in continuous service.

2. The facts giving rise to the present proceedings are that on 20.01.1984 the petitioner came to be appointed in the clerical cadre of the Bank. His services however came to be terminated by an order dated 12.02.1991. Being aggrieved the petitioner challenged the aforesaid order of termination by initiating proceedings before the Central Government Industrial Tribunal. By the judgment dated 07.11.2012 the Tribunal set aside the order of termination and after declaring it to be illegal, ordered reinstatement of the petitioner alongwith continuity in service and all consequential benefits. The services of the petitioner were reinstated on 02.12.2013. According to the petitioner the Bank intended to harass the petition

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