ASHOK KUMAR MATHUR, J. - (1.) THE petitioner has filed the present writ petition challenging his order of termination dated 23rd April, 1983 (Annexure -1). The petitioner was employed as Clerk in the respondent Bank from 11th January, 1972. The petitioner worked in Central Accounts Department at Bikaner from 11 -1 -1972 to {4 -2 -1982 and thereafter at the Jasurar Branch till the order of termination was issued.
(2.) THE petitioner has challenged this order by this petition and has also challenged the validity of para 5 of the Shastry Award, which was. entered into between certain Banking Companies and their Workmen given by the All India Industrial (Bank Disputes). Para 522 is reproduced as under: 522. We now proceed to the subject of termination of employment. We give the following directions: (1) In case not involving disciplinary action and subject to Clause (6) below, the employment of a permanent employee may be terminated by three months' notice on payment of three month's pay and allowances in lieu of notice. The services of a probationer may be terminated by one month's notice or on payment of a month's pay and allowances in lieu of notice; (2) A permanent employee desirous of leaving the service of the Bank shall give month's notice in writing to the Manager. A probationer desirous of leaving service shall give 14 days' notice in writing to the Manager. A permanent employee or a probationer shall when he leaves service, be given an order of relief signed by the Manager; (3) If any permanent employee leaves the service of the bank without giving notice, he shall be liable to pay the bank one month's pay and allowances. A probationer if he leaves service without giving notice, shall be liable for 14 days' pay and allowances; (4) The services of any employee other than a permanent employee, or probationer may be terminated and he may leave service after 14 days' notice. If such an employee leaves service without giving such notice he shall be liable for a week's pay (including all allowances); (5) An order relating to discharge or termination of service shall be in writing and shall be signed by the Manager. A copy of such order shall be supplied to the employee concerned; (6) In cases of contemplated closing down or of retrenchment of more than five employees, the following procedure shall be observed: (a) two month's notice of such proposed action shall be given individually to all the employees concerned, with a statement of the reasons for such proposed action ; (b) the Manager or an officer empowered in this behalf shall within the period of such notice hear any representation from the employees concerned or any registered union of the bank employees; (c) after the hearing of such representation and the receipt of a report in the matter, if necessary, by the management, if it decides to give effect to the contemplated closing down or retrenchment in the original or an amended form the services of the employees may be terminated by giving notice or payment, in lieu thereof for the periods prescribed above. The petitioner has also challenged his order of termination on the ground of malafide, and violation of Articles 14 and 16 of the Constitution as well as Section 25G of the Industrial Disputes Act. A detailed reply has been filed by the respondent and an objection has been taken by the respondent Bank that the writ petition is not maintainable because the Shastry Award is not enforceable. Secondly that the validity of this award cannot be challenged because UOI and the Industrial Tribunal being not parties before this Court. Ground of estoppel has also been raised because the petitioner has accepted the cheque, therefore, it is not open for him to challenge. It has also been pointed out that the petitioner's services were terminated on account of the fact that the petitioner has lost the confidence of the Bank and he is in habit of making false complaints:
(3.) I need not go into intricacies of the facts because simple question before me is whether the order of termination is sustainable or not. The order of termination Annexure -1 is reproduced as under ; We have to advise that as you have forfeited the trust and confidence of the Bank, your services are hereby terminated with immediate effect. In terms of paragraph 522 of the Shastri Award, we are paying you 3 months' pay and allowances being Rs. 4980.15P in lieu of notice. Though your termination cannot be deemed to be 'retrenchment' within the meaning of Section 2(0) of the Industrial Disputes Act, 1947, yet with a view to avoiding any legal complications, you are hereby being paid one month's wages being Rs. 1660.05P in lieu of one month's notice in terms of Section 25F(a) of the Act ibid and a sum of Rs. 9130.30P being retrenchment compensation as required in terms of Section 25F(b) of the Act ibid. Three cheques for the aforesaid amounts are enclosed; Please note that the amounts outstanding against you towards loans availed by you from the Bank will be adjusted out of the permissible amount of your Provident Fund and gratuity payable to you.;