HIGH COURT OF DELHI
U.P. SINGH – Appellant
Versus
PUNJAB NATIONAL BANK – Respondent
LPA-481_2010
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 : 6th January, 2011.
% Date of Decision: 10th 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 26th 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 27th 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 20th 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 14th 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 28th
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 17th September, 1984, by order dated 5th December,
1984 the appellant was deemed to have voluntarily retired from
service.
4. The appellant wrote protest letters and after about six years on
28th August, 1990 raised a dispute before the Assistant Labour
Commissioner and on 15th 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