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DELHI HIGH COURT
GAURANG KANTH
Sardar Paramjit Singh Girgla – Appellant
Versus
Punjab & Sind Bank – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. sequence of events and prior tribunal awards. (Para 3 , 4 , 5 , 6) |
| 3. details and stages of clause 17 of the bps. (Para 7 , 8) |
| 4. court’s observations on the applications of bps. (Para 9 , 22 , 30) |
| 5. arguments supporting the petitioner’s position. (Para 10 , 11 , 12 , 19) |
| 6. arguments presented by the respondent. (Para 17 , 18 , 20) |
| 7. conclusion and directive regarding reinstatement. (Para 34 , 36) |
JUDGMENT
Gaurang Kanth, J. The present petition has been filed under Article 226 of the Constitution of India for setting aside the award dated 23.07.2008 passed by Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court-II, whereby the learned Presiding Officer has upheld the decision of the Deputy General Manager, Punjab and Sind Bank, Zonal Office for not allowing Mr. Pramajit Singh Girgla, Ex. Clerk-cum-Cashier, Punjab and Sind Bank, Hemkunt Colony Branch to join his duties on 07.08.1996 in response to the bank's first notice dated 06.07.1996. The learned Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court-II further held that in terms of Clause 17 of the Bipartite Settlement (BPS)
The enforcement of attendance notices must allow employees to report within the stipulated timeframe, and management's failure to comply with procedural safeguards can render termination actions unla....
Termination of employment upheld due to unauthorized absence exceeding 90 days, consistent with Bipartite Settlement provisions, despite claims of improper notice service.
Judicial review in disciplinary matters is restricted; courts shall not act as appellate bodies to re-evaluate evidence of unauthorized absence or substitute the penalty imposed by a competent author....
Unauthorized absence due to illness can be justified under compelling circumstances, affecting the severity of disciplinary action imposed.
Unauthorized absence from duty by an employee is misconduct, and a Voluntary Retirement Scheme application does not confer automatic retirement rights without formal acceptance.
Unauthorized absence from duty and related misconduct proved; the disciplinary process upheld as fair and not in violation of natural justice.
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