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Author Topic: Removing a clerk (workmen) from bank service and he filed a case on Bank  (Read 829 times)

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Offline rahul_mahindru2000

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A clerk (workmen) of a bank removed from the service by the disciplinary authority on 10 Apr 2003. He preferred an appeal to the bank's appellate authority within the limitation time but, the appeal was rejected by the bank’s appellate authority. Then he filed a Writ (case) against bank in the HC under article 226 which was accepted by HC in year 2003, then the counter was filed also the rejoinder was filed. But, later on after 10 years when the 1st hearing took place the HC dismissed the case stating that HC is not act as appellate authority under Artical 226 and the case dose not call any interference in the said article 226. Later the SLP (C) is filed under Article 136 (Appellate Jurisdiction) in SC where the case also dismissed in 1st hearing in view of the HC order. Later it is realized that case comes under the Industrial Dispute Act under Section 2A which is to be filed in the labour court not in HC or SC. Now the questions are as under:

Q1 Why the HC took the case 10 years before in article 226 if they had to dismiss the case in the same article 226?

Q2 Weather the labor court takes the case after passing 10 years and after gone through HC and SC?

HC Judgment / Order attached. Please Advice...

Offline advRanjithRajagopal

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Q1 Why the HC took the case 10 years before in article 226 if they had to dismiss the case in the same article 226?

Ans: that is best known to the judge, it was your duty to file under appropriate act.

Q2 Weather the labor court takes the case after passing 10 years and after gone through HC and SC?
Ans: only after you file in the labour court will you get the answer. HC is the highest court of appeal
adv.Ranjith Rajagopal

 

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