LPA No. 481/2010 Page 1 of 19

REPORTABLE

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LETTERS PATENT APPEAL NO. 481 OF 2010

Reserved on : 6^th January, 2011.

% Date of Decision: 10^th February, 2011.

U.P. SINGH

.... Appellant in person.

VERSUS

PUNJAB NATIONAL BANK …..Respondent.

Through Mr. Rajat Arora, advocate.

CORAM:

HON'BLE MR. JUSTICE DIPAK MISRA, THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SANJIV KHANNA

1.Whether Reporters of local papers may be

allowed to see the judgment?

2. To be referred to the Reporter or not ?

YES

3. Whether the judgment should be reported YES

in the Digest ?

SANJIV KHANNA, J.:

Mr. U.P. Singh, appellant who appears in person, assails

judgment and order dated 26^th February, 2010 of the learned Single

Judge allowing the writ petition no. 7834/2003 filed by the

respondent-Punjab National Bank (hereinafter referred to as PNB, for

short) quashing the Award dated 27^th August, 2003 passed by the

Central Government Industrial Tribunal- cum- Labour Court (CGIT,

for short). By the impugned judgment, the learned Single Judge has

set aside the CGIT‘s finding that the action of the respondent-PNB

2011:DHC:858-DB

LPA No. 481/2010 Page 2 of 19

deeming the appellant to have been voluntarily retired was not

justified. Relief of reinstatement in service with full back wages and

consequential benefits in the impugned Award has been quashed.

2. The appellant-workman was appointed in service with the

respondent-PNB on 20^th June, 1977. He was initially working at

respondent-PNB‘s branch office Barabanki (U.P.) and was transferred

to branch office Zaidpur, Barabanki and then to Shahjanhanpur (U.P.)

in August, 1978. On 14^th June, 1982 he was suspended from services

of the respondent-PNB for acts of disorderly behavior. Pursuant to the

finding recorded in the disciplinary proceedings, the appellant was

held guilty of all charges and awarded punishment of stoppage of two

graded increments with cumulative effect vide order/letter dated 28^th

September, 1983. The said order has been quoted by the appellant in

the Appeal. Relevant portion reads:

―…….Accordingly, the punishment of ‗Dismissal

without Notice‘ has been reduced to ‗Stoppage of two

Graded Increments with cumulative effect‘ which the

undersigned hereby confirm.

You will not be paid anything except the

subsistence allowance, already drawn by you during

your period of suspension, as per rules.

You are accordingly advised to report for further

duties to the Manager, BO: Bhagwantnagar, Unnao

immediately. You will be deemed to have been

reinstated in the Bank‘s service from the date you

report for the duty at BO : Bhagwantnagar, Unnao.‖

(emphasis supplied)

3. The appellant did not join duty at the branch office

Bhagwantnagar, Unnao. Relying upon clause XVI of Fourth Bipartite

2011:DHC:858-DB

LPA No. 481/2010 Page 3 of 19

Settlement dated 17^th September, 1984, by order dated 5^th December,

1984 the appellant was deemed to have voluntarily retired from

service.

4. The appellant wrote protest letters and after about six years on

28^th August, 1990 raised a dispute before the Assistant Labour

Commissioner and on 15^th November, 1991, the following reference

was made :

―Whether the action of the Management of Punjab

National

Bank

in

treating

Shri

U.P.Singh,

Clerk/Cashier as deemed to have retired voluntarily

w.e.f. 5.12.1984 is justified? If not, to what relief is the

workman en