Uttam Raj v. Bank Of Baroda

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1081 of 2021 ====================================================== Uttam Raj S/o Rajeshwar Prasad Raj, resident of Mohalla Sai Takiya, New Colony, Near IDH, P.O.- Gulzarbagh, P.S. Alamganj, Dist. - Patna (Bihar), 800007.

... ... Petitioner/s

Versus

1.

Bank of Baroda Regional Office, Patna region, Bihar through Regional Manager, 4th Floor, Anand Vihar, West Boring Canal Road, Patna - 800001. 2.

Regional Manager cum Disciplinary Authority, Bank of Baroda, Patna Region, 4th Floor, Anand Vihar, West Boring Canal Road, Patna - 800001. 3.

General Manager, Bank of Baroda, Patna Zone, 5th Floor, Anand Vihar, West Boring Canal Road, Patna - 800001.

4.

Deputy General Manager, Bank of Baroda, Patna Zone, 1st Floor, Anand Vihar, West Boring Canal Road, Patna - 800001. 5.

Chief Manager cum Enquiry Officer, Bank of Baroda, Ashiana More Branch, Bailey Road, Ashiana More, Khajpura, Patna - 800014. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinay Raj, Advocate For the Respondent/s :

Mr. Nishi Nath Ojha, Advocate Mr. Sanjeev Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 31-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Mr. Sanjeev Shankar, learned counsel for the respondent-bank is hereby directed to furnish a copy of the counter affidavit to learned counsel for the petitioner. In the instant petition, petitioner has prayed for the following relief(s):- "For quashing and setting aside the order dated 02.03.2020 communicated under order no.

Patna High Court CWJC No.1081 of 2021 dt.31-01-2022 2/2 RO:PATNA:VIG:20:92 whereby and wehre under the petitioner has been removed and the order dated 28.05.2020 communicated through ZO:PAT:29ZVD:240 dismissing the appeal."

Learned counsel for the respondents raised a preliminary issue relating to maintainability of the present petition on the score that petitioner is in the clerical cadre. He has a remedy before the Industrial Tribunal/Labour Court under the Industrial Disputes Act, 1947 with reference to Section 2(bb) read with Section 2(s) "workman" and further he has pointed out initiation of inquiry namely issuance of charge-sheet is in terms of Clause -5 of the Memoranda of Settlement on Disciplinary Action & Procedure for Workmen, 2002.

In the light of the aforesaid clauses, the petitioner who was in the cadre of clerk has a statutory remedy before the Industrial Tribunal/Labour Court, therefore, the present petition stands disposed off as not maintainable reserving liberty to the petitioner to raise an industrial dispute in accordance with law. (P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A