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2018 Supreme(Pat) 594

MADHURESH PRASAD
Neel Bhushan Kumar Son of Shri Dwarika Prasad – Appellant
Versus
State Bank of India through its Chief General Manager, State Bank of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Jitendra Prasad Singh, Advocate
For the Respondent:Mr. Anshuman Singh, Advocate

JUDGMENT :

Heard learned counsel for the petitioner as also learned counsel for the Bank.

2. Petitioner has approached this Court for quashing of order dated 20.8.2014 (Annexure 8), passed by the Appellate authority (respondent no.2), whereby punishment of dismissal without notice has been inflicted on the petitioner by the Disciplinary Authority vide office order dated 28.12.2013 (Annexure 7) in terms of memorandum of settlement dated 10.4.2002.

3. Learned counsel for the respondent bank has taken preliminary objection regarding maintainability of the proceedings. He submits that the petitioner being a workman within the definition of the Industrial Disputes Act, 1947 (herein after referred to as ‘the Act’), should have first approached the appropriate Authority under the said Act. Relevant objection is made in the counter affidavit filed on behalf of the respondent bank.

4. The brief undisputed facts leading to the filing of the writ petition are that pursuant to the examination conducted on 22.11.2009 for appointment of an assistant in the respondent bank the petitioner had appeared in the selection process. Having been found successful, he joined the service of the respondent bank.
























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