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1976 Supreme(Cal) 23

AMARENDRA NATH SEN
Monoj Kanti Basu – Appellant
Versus
Bank of India – Respondent


Advocates Appeared:
Somnath Chatterjee, N. N. Goopta, N. K. Chakravarti and Samir Kumar Ghose ...for the petitioners
Subrata Ray Chawdhury, Biswarup Gupta and Jatin Ghosh ...for the respondent Bank
D. N. Das and Mrs. Archana Sen Gupta... ...for the Union of India

JUDGMENT

The Court : An interesting question of some importance concerning the rights and obligations of the Management and the Award Staff of a nationalised Bank arises for consideration in this writ petition.

2. Six employees of Bank of India, a nationalised Bank, (hereinafter referred to as the Bank), and Bank of India Employees' Union, the recognised union of the Bank, have presented this writ petition in which the validity of two orders or notices passed by the Management of the Bank have been questioned. The first order or notice dated 25.6.75 is contained in Annexure 'A' to the petition and is in the following terms :

NOTICE

Deduction of pro-rata wages for mass demonstration.

Certain members of award staff of Calcutta Branch and Regional Office held mass demonstrations on the following days leaving their respective desks :

Date Time

3.6.1975 2-30 p.m. to 4-30 p.m. 2 hours

4.6.1975 11-10 a.m. to 11-35 a.m. 25 minutes

6.6.1975 2-30 p.m. to 3.00 p.m. 30 minutes

17.6.1975 2-45 p.m. to 3-15 p.m. 30 minutes

(Note : The duration of 20 minutes on 6.6.75 from 2-10 p.m. 2-30 p.m. has not been taken into account, since this is part of the usual lunch hour recess of 30 minutes)

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