RASHMIKANT G. DAVE (PROPRIETOR) 31 July 2019

what is my present status ?

Sir,
I was Bank employee.
My service was terminated on concocted and false charges in 1991 as discharge from Bank Service.
I had raised industrial dispute.
my matter was admitted to Industrial Tribunal in 1995.
In the year 2005, CGIT Ahmedabad declared my departmental inquiry as illegal and findings perverse.
Bank management appeal in Gujarat High court. High Court remand back the matter to Tribunal in 2008. Tribunal declared departmental inquiry Legal but keep mum on findings in 2009. Again I appeal in High Court. High court remand back the matter and squash and set aside previous orders in 2009. Again Tribunal decide the enquiry illegal and findings perverse. Bank approach High Court to get permission to induce fresh evidence. After fresh evidence, CGIT, Ahmedabad declared charge partly proved but punishment shockingly disproportionate. So reduce from discharge to stoppage of increment but give reinstatement with continuity of service and 50% back wages in 2011. Bank management prefer appeal in High Court. After 8 years High Court find that CGIT had not properly assess the documents on record so reopen the case and remand back the matter to tribunal in 2019. Total litigation period from the cause of action is 28 yrs and 24 yrs in Tribunal. Departmental inquiry declared against principle of natural justice and finding perverse.
Please guide me about my present status. Presently I am of 65 yrs.
Whether I am retired on duty ?
Or I am retired with last punishment order ?
What are the further remedy ?
I request my learned Advocate friends to guide me.

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6 Replies

Shashi Dhara 31 July 2019

Yes Ur retired on duty.if u win the case then you get arrears of wages and if pension is their then pension.proceed on god is great.

G.L.N. Prasad (Retired employee.) 01 August 2019

Issue a notice and get the clarification from the Bank itself as it is the employer that has a final say .

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SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 01 August 2019

There cannot be a better case than this as an example to the travesty of justice. You may approach a capable Lawyer to discuss whether the matter is fit for filing a Special Leave Petition before Supreme Court as the matter is being kicked around between a Tribunal and Higher Court since 1995 and meanwhile you reached superannuation age too.

Since the Court found the punishment disproportionate and given a verdict that back wages to be paid @50% it is possible if the Supreme Court admits the case, may grant interim relief of such back wages. I am not giving you a 100% success, but my opinion is that it is likely that you may get the relief.

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RASHMIKANT G. DAVE (PROPRIETOR) 01 August 2019

My sincere thanks to all.

G.L.N. Prasad (Retired employee.) 01 August 2019

You are using a title 'Proprietor", please think whether this can make a difference and can give a fresh ground in your employer not paying arrears stating that you are earning on your own and then filing your ITR (if you are assessee) showing that you are gainfully employed. Members are not aware of your claims in your proceedings.