Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law: Clause 16 of Shastri Award -Absence from duty -Notice to employee to report for duty - Requirement of - Held: In case of absent employee, notice is required to be served by registered post with acknowledgment due - On facts, there is nothing to show that the fact of change of address of employee was not known to employer- High Court arrived at a finding offact that notice was not served upon him and since he had in his credit 236 days leave, he was entitled to continuity of service - In the facts and circumstances of the case, interference under Article 136 of the Constitution not called for - Constitution of India, 1950 - Article 136. The Respondent was employed in appellant-Bank. He took extension of leave without permission. Two memos were issued which were returned to bank with an ' endorsement 'refused'. As he did not join duty, show cause notice was issued as to why disciplinary proceeding be not initiated against him. Respondent filed a representation upon receipt of the said notice. Respondent was however informed that he had ceased to be in employment of bank having voluntarily abandoned the service. Respondent filed appeal which was dismissed on the ground that the termination of service was in accordance with the provisions of Bipartite settlement (Shastri Award) and there was no violation of rules of natural justice. Respondent filed Writ Petition before High Court. It held that the appellant had in his credit 236 days leave; that respondent had submitted an application for change of address, however, bank did not sent notice on this address, nor tried to serve the notice personally on him and therefore the rules of natural justice were not complied with and thus respondent was entitled to continuity of service. Hence the appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 465 |
Petitioner | The Regional Manager, Central Bank Of India |
Respondent | Vijay Krishna Neema & Ors. |
SCR | [2009] 5 S.C.R. 645 |
Judgement Date | 2009-04-08 |
Case Number | 2242 |
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