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2023 Supreme(All) 687

KSHITIJ SHAILENDRA
Basistha Muni Mishra – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Petitioner: Siddharth Khare, Shri Ashok Khare.
For the Respondents: S.K. Kakkar, S.K. Shukla, Satish Chaturvedi, Satish Kishore Kakkar, Sumit Kakkar.

JUDGMENT :

(Kshitij Shailendra, J.)

1. This writ petition has been filed challenging the award dated 19.07.2016 passed by Industrial Tribunal-cum-Labour Court, Kanpur in Industrial Dispute No.49 of 2006, between Bashishtha Muni Mishra and the Deputy General Manager, State Bank of India. Further orders under challenge are dated 26.10.2004 and 19.01.2005 respectively passed by the Assistant General Manager and Deputy General Manager. By the said orders, the petitioner was respectively dismissed from service and his departmental appeal was dismissed. Further prayer has been made to issue a direction for reinstatement of the petitioner in service with all consequential benefits including arrears of salary from the date of order of suspension.

2. The facts as culled out from the writ petition are that the petitioner was appointed as a Messenger-cum-Water Boy in the respondent bank on 17.02.1979 and was later on promoted as Daftary. Lastly, he was posted at Johnstonganj Branch, Allahabad. It is pleaded that services of the petitioner were governed by Memorandum of Settlement dated 19.10.1966 containing the provisions of disciplinary action and procedure therefor. On 12.03.1999, a new Savi

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