PUNJAB AND SIND BANK LTD Vs. RAMESHWAR DAYAL
HIGH COURT OF PUNJAB AND HARYANA
PUNJAB AND SIND BANK LTD.
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Falshaw, J. -
(1.) This is a petition under Article 226 of the Constitution by the Punjab and Sind Bank Limited challenging the reference by the Government to the Industrial Tribunal consisting of Mr. Rameshwar Dayal respondent No. 1 of an alleged dispute between the Bank and its workmen in the persons of Har-nam Singh, Harbhajan Singh and Prem Singh respondents Nos. 3, 4 and 5.
(2.) The case of the Bank is that Harnam Singh respondent No. 3 was dismissed for insubordination in connection with certain leave applications, after being heard in full in a regular enquiry by an officer appointed by the Bank for the purpose, and after his appeal had been dismissed by two other persons appointed by the Bank for the purpose of hearing it. This was in March 1955.
(3.) Harbhajan Singh and Prem Singh respondents wire a clerk and peon in the Qarol Bagh, New Delhi, Branch who were alleged by the Bank to have been guilty of misconduct in the form of destroying or removing from the Bank certain of the Bank's records. However, rather than take proceedings against them with a view to dismissing them for misconduct, the Bank preferred to act under Clause 522 of the so-called Sastry Award, under which, in cases not involving disciplinary action for misconduct, the employment of a permanent employee could be terminated by three months' notice or on payment of three months' pay and allowances in lieu of notice. The services of these two employees were accordingly terminated on the 5th of July 1955 on payment of three months' pay in lieu of notice.;
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