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2010 Supreme(Del) 481

RAJIV SAHAI ENDLAW
SYNDICATE BANK – Appellant
Versus
B. N. PANDEY – Respondent


Advocates Appeared:
Mr. S.K. Taneja, Sr. Advocate with Mr. Puneet Taneja, Advocate
Mr. Vikas Mahajan & Mr. A.N. Singh, Advocates

JUDGMENT

1. The petitioner Bank in this writ petition impugns the award dated 8th August, 2002 of the Industrial Tribunal holding the action of the petitioner Bank of treating the respondent no.2 workman to have voluntarily retired from the services of the petitioner Bank with effect from 30th April, 1993 to be unjust, illegal and unfair and quashing the same and further holding the respondent workman to be entitled to continuity of service in the petitioner Bank with full back wages and all consequential benefits. This Court vide ex parte order dated 10th January, 2003, while issuing notice of the petition stayed the operation of the award subject to the petitioner Bank depositing 50% of the back wages in this Court and which amount was directed to be kept in a fixed deposit. Pursuant to the said direction a sum of Rs.6,66,123.07p was deposited in this Court. The respondent workman applied for release of the said amount. This Court vide order dated 3rd April, 2003 permitted the release of a sum of Rs.66,000/- only to the respondent workman without furnishing any security. Subsequently, vide order dated 2nd September, 2004 the balance amount was also directed to be released in favo








































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