Ramesh Dass VS. Raghu Nath And Ors

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Ramesh Dass VS. Raghu Nath And Ors

The Judgement Information System CASE NO.: Appeal (civil) 2385 of 2008

PETITIONER: Mavji C Lakum RESPONDENT: Central Bank of India DATE OF JUDGMENT: 02/04/2008

BENCH: S.B. Sinha & V.S. Sirpurkar JUDGMENT: J U D G M E N T

REPORTABLE

CIVIL APPEAL NO 2385 OF 2008 (Arising out of SLP (Civil) No.6495 of 2005)

V.S. SIRPURKAR, J.

1. Leave granted.

2. The appellant herein challenges Division Bench judgment of the High Court of Gujarat dismissing his Writ Appeal. The said Writ Appeal was filed against the orders of the learned Single Judge of that court whereby the Writ Petition filed by the Respondent-bank was allowed setting aside the order passed by the Industrial Tribunal. The Industrial Tribunal had answered the Reference in favour of the appellant and had set aside the punishment of discharge as also the other punishments and restricted the said punishment to stoppage of one year's increment.

3. Following facts will highlight the controversy involved.

4. Appellant Mavji C. Lakum had joined the services of the Respondent-bank as a Peon on 1.9.1951. He was promoted as a Head Peon in the year 1963. While in service, two charge-sheets came to be served upon the appellant and an inquiry was held against him and he came to be discharged from the service by an order dated 22.5.1984. This order was challenged by the appellant by filing a Regular Suit No.99 of 1984 in the Court of Civil Judge (Junior Division), Anjar, Kutch-Bhuj. The said suit was dismissed. In the appeal, though the District Court directed reinstatement but denied the back-wages. The app...

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