Punjab National Bank Staff v. The Central Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20.11.2023 Coram:

THE HONOURABLE MRS.JUSTICE N.MALA and WMP.Nos.1, 2 & 3 of 2010 Punjab National Bank Staff Union Rep.by its General Secretary, No.156, Linghi Chetty Street, 3rd floor, Chennai-600 001.

...Petitioner

Vs.

1. The Central Government Industrial Tribunal Cum Labour Court, Shastri Bhavan, Rep.by its Presiding Officer, Haddows Road, Chennai-600 006.

2. The Punjab National Bank, Rep.by its Chairman and Managing Director, No.7, Bhikaji Cama Place, New Delhi-110006.

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the 1 / 6

Award dated 16.06.2010 passed by the 1st respondent Tribunal, in I.D.No.10 of 2008 and set aside the same as being illegal, arbitrary and unjust and direct the 2nd respondent Bank to grant all the benefits due to the petitioner's member (viz.N.Baskaramani) with all other attendant benefits.

For Petitioner : Mr.C.K.Chandrasekkar For Respondents : R1- Tribunal R2- Mr.P.Raghunathan for M/s.T.S.Gopalan & Company O RDER Writ Petition is filed challenging the award of the Labour Court passed in I.D.No. 10 of 2008 dated 16.06.2010.

2. The petitioner raised a dispute challenging the action of the 2nd respondent / Bank in imposing the penalty of reversion to Clerk with effect from 01.02.2000 and to recover the potential loss of Rs.2,500/- per month starting from February 2000, vide order dated 23.02.2000. The 2 / 6

Labour Court dismissed the claim petition confirming the punishment imposed by the 2nd respondent / Bank.

3. When the matter was taken up for hearing on 06.11.2023, it was submitted by the learned counsel for the petitioner that the amount in excess was recovered by the 2nd respondent / Bank. The learned counsel for the 2nd respondent / Bank sought time to file an affidavit and statement of recovery. Today, when the matter is taken up, the learned counsel for the 2nd respondent / Bank has filed additional affidavit stating that the recovery was made as per the order and not in excess as claimed by the petitioner. It is further submitted that the grievance of the petitioner in para '8' of the affidavit in support of the writ petition relating to payment of pension and terminal benefits has been fully resolved.

4. The learned counsel for the petitioner admits that the petitioners grievance has been redressed by the Bank.

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In view of the submission of the learned counsels and in view of the additional affidavit filed by the 2nd respondent / Bank, nothing survives for further adjudication in the writ petition and hence the writ petition is dismissed. There shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed.

20.11.2023 Index: Yes/No Speaking Order: Yes/No dsn 4 / 6

To

1. The General Secretary, Punjab National Bank Staff Union, No.156, Linghi Chetty Street, 3rd floor, Chennai-600 001.

2. The Presiding Officer, The Central Government Industrial Tribunal Cum Labour Court, Shastri Bhavan, Haddows Road, Chennai-600 006.

3 The Chairman and Managing Director, The Punjab National Bank, No.7, Bhikaji Cama Place, New Delhi-110006.

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N.MALA, J.

dsn 20.11.2023 6 / 6