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1985 Supreme(Raj) 752

A.K.MATHUR
Jagdish Chandra Khadgawat – Appellant
Versus
State Bank of Bikaner And Jaipur Head Office Jaipur – Respondent


JUDGMENT

1. - The petitioner has filed the present writ petition challenging his order of termination dated 23rd April, 1983 (Annexure-1). The petitioner was employed as Clerk in the respondent Bank from 11th January, 1972. The petitioner worked in Central Accounts Department at Bikaner from 11-1-1972 to {4-2-1982 and thereafter at the Jasurar Branch till the order of termination was issued.

2. The petitioner has challenged this order by this petition and has also challenged the validity of para 5 of the Shastry Award, which was. entered into between certain Banking Companies and their Workmen given by the All India Industrial (Bank Disputes). Para 522 is reproduced as under:

"522. We now proceed to the subject of termination of employment. We give the following directions:

(1) In case not involving disciplinary action and subject to Clause (6) below, the employment of a permanent employee may be terminated by three months' notice on payment of three month's pay and allowances in lieu of notice. The services of a probationer may be terminated by one month's notice or on payment of a month's pay and allowances in lieu of notice;

(2) A permanent employee desirous of leaving the service o


























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