DEOKI NANDAN, J. - (1.) There are two connected matters. The special appeal is directed against the judgment dated February 5, 1970 of a learned single Judge of this Court dismissing Civil Misc. Writ No. 3963 of 1963 in which the appellant before us was the petitioner and the two respondents were : (1) M/s. Punjab and Sind Bank Ltd.,; and (2) Labour Court (Central), Lucknow. The second appeal is directed against the judgment dated October 10, 1975 of the court of Additional District and Sessions Judge, Dehradun, dismissing the plaintiff's appeal from the judgment and decree of the court of Second Additional Civil Judge, Dehradun, dismissing his suit No. 143 of 1959, the appellant before us being the plaintiff in that suit and the respondent Punjab and Sind Bank Ltd., being the sole defendant. Both these matters centre round the dismissal of the appellant from the service of the respondent Bank with effect from January 11, 1955. The following are the relevant facts : The appellant was employed by the respondent Bank from December 1942. On September 27, 1954 he was working as an Investment Assistant in the Bank's Dehradun office when he applied for leave, which was sanctioned upto 4th October, 1954, with permission to suffix Dushehra holidays upto October 7, 1954. The applicant applied for extension of leave. The application was supported by a medical certificate. Some correspondence ensued between the appellant and the respondent Bank. The Bank refused to extend the leave after October 7, 1954 and suspended him from service on January 11, 1955. The appellant was directed to appear before the Enquiry Officer Sardar Gur Dayal Singh on January 13, 1955. On the basis of the Enquiry Officer's decision dated January 18, 1955, the appellant was dismissed from service of the respondent Bank with effect from January 11, 1955, the date on which he was suspended. The appellant's appeal to the Appellate Board constituted by the respondent Bank for the purpose, was unsuccessful, The appellant raised an industrial dispute and the Government referred it to the Tribunal at Delhi by an order dated June 9, 1956. The respondent Bank preferred a writ petition before Punjab High Court. The Punjab High Court quashed the reference to the Industrial Tribunal at Delhi, by its judgment dated August 20, 1957. The appellant appealed to a Division Bench of that Court. That appeal was dismissed on July 27, 1959.
(2.) In the meanwhile, on February 1, 1958, the appellant filed a suit in the Civil Judge's court at Dehradun which was -registered as Suit No. 143 of 1959. The relief claimed in that suit was a declaration that the order dated January 18, 1956 dismissing the appellant from the respondent Bank's service was void and inoperative, and that he still continued to be its permanent employee. A decree for recovery of Rs. 12,400.32 was also claimed. While the suit was still pending, the appellant also moved the Labour Court (Central), Lucknow, under section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) claiming that he was entitled to pay calculated at the maximum basic salary in the clerical grade and allowances, as provided for by the modified Sastry Award and later on by the Desai Award, as from October 1, 1954 onwards, and also arrears from April 1, 1954 to September 30, 1954 on account of the difference between the amount payable to him under the Sastry Award and the amount actually paid to him during that period. He also claimed other benefits in the nature Provident Fund, Gratuity, Pension, etc., as and when they fell due for payment along with interest at the rate of 9% per annum for the period his dues were, or would be withheld by the respondent Bank. The appellant's application to the Labour Court (Central), Lucknow, was dismissed by an order dated May 8, 1965. That was the order against which the writ petition giving rise to the special Appeal in this Court was directed.
(3.) Against the aforesaid judgment dated November 30, 1965 dismissing the suit, the appellant had appealed to this Court. The first appeal was transferred to the court of Additional District Judge, Dehradun, and was registered there as Civil Appeal No. 66 of 1971. The appeal was dismissed by the Court of the Additional District Judge, Dehradun, by judgment dated October 10, 1975, which has given rise to the second appeal.;