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2015 Supreme(P&H) 1207

HEMANT GUPTA, RAJ RAHUL GARG
Balbir Singh – Appellant
Versus
Moga Central Cooperative Bank Ltd. , Moga – Respondent


Advocates:
For the Appellant:Mr. D.V. Sharma, Senior Advocate, with Ms. Shivani Sharma, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.: - The present appeal under Clause X of the Letters Patent is directed against an order passed by the learned Single Judge on 19.11.2014, whereby the writ petition filed by the present appellant challenging the Award dated 21.12.1993 was dismissed.

2. The appellant was appointed as a Daftri by the Board of Directors of Moga Central Cooperative Bank Ltd. (for short ‘the Bank’) on 04.12.1956. However, he was dismissed from services on 22.05.1988 after conducting the departmental proceedings. The appellant filed a statutory appeal before the Managing Director, which was not decided. Thereafter, the appellant raised an Industrial Dispute by serving a demand notice. The dispute was referred to Labour Court for adjudication. The Labour Court vide award dated 21.12.1993 held that the appellant is not entitled either to reinstatement or compensation. It was found that Bye-law 41(B) of the Bank unambiguously recites that Manager, in addition, would have power to appoint, suspend, reinstate, punish Class IV employees including Peons, Chowkidars, Gunman, Malies and Daftries etc. The writ petition against the said Award stands dismissed.

3. Before this Court, learn


















































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