Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RASHMIKANT G. DAVE (PROPRIETOR)     29 April 2013

Long litigation - when shall i get justice ?

 

Dear  Collegues / advisors and well wishers,

 

I am seeking a guidance from you in my following matter :

 

·         I was a clerk with State Bank of Saurashtra from 1973 to 1991.

·         My service was illegally terminated w.e.f. 06.09.1991. ( Discharged from Bank Service ).

·         I had raised an industrial dispute in 1991. The reconciliation was failed and matter was referred to Industrial Court Rajkot in 1995.

·         First of all, I had asked to decide the validity of enquiry conducted by the Bank Management 1998.

·         CGIT cum Labour Court, Ahmedabad had decided this issue in 2006  that Enquiry conducted by the Bank was illegal and findings of enquiry officers were perverse.

·         Bank had preferred an review petition against this decision before CGIT cum Labour Court Ahmedabad. Again CGIT had rejected this plea of Bank in 2007.

·         Bank preferred an appeal against these two orders in Gujarat High Court and High Court had squashed and set aside both the orders of 2006 and 2007 and asked the tribunal to decided this matter afresh in 2008.

·         Tribunal had decided this matter in Bank’s favour and declared that enquiry conducted by the Bank is legal in 2009.

·         Again I had approached Gujarat High Court and Court had squash and set aside the order of tribunal and remand back this matter to decide the matter as fresh in 2009.

·         Tribunal once again decided this issue a fresh and declared that enquiry conducted by the Bank is illegal and findings of enquiry officers were perverse in 2010. This judgment was not set aside till now.  This judgment is attached herewith for your reference.

·         Bank Management requested to Tribunal to give them one more chance to decided this issue by adducing a fresh evidence and CGIT cum Labour Court once again decided that Charges against me are proved but the punishment of removal from Bank Service were shockingly disproportionate and as such asked the Bank management to stop two increment and reinstate me with continuity of service and 50% back wages in 2011. This judgment is attached herewith for your reference.

·         Bank Management preferred an appeal before Gujarat High Court. Court stayed the back wages but asked the management to reinstate  me within 30 days otherwise start to pay me my present salary. This judgment is attached herewith for your reference.

·         Bank Management preferred an appeal in Division Bench and division bench stayed the order of re-instatement and asked to decide this issue at length in final hearing and till finalization of this issue ask the Bank Management to pay me my last drawn salary i.e. my salary in 1991 which was Rs.5300/- p. m. till disposal of this matter and expeditiously dispose of this matter in final hearing by single bench. This judgment is attached herewith for your reference.

·         This  matter is now pending before single judge for final hearing.  I had also file SCA for 100% back wages and set aside the order of CGIT of 2011. Both this matter were of 2011 and 2012. As such it was listed as last matter in cause list. My matter was not called out for last two  to three dates.  It was also not giving any preference for hearing as no particular time limit was drawn by the honourable division bench.

 

My question are that :

 

·         Presently I am getting Rs.5,300/- monthly which is not an adequate amount to live the life. Moreover I had to spend so huge amount towards the fees of advocates.  Can I claim for at least Rs.20,000/- p. m. being the monthly payment with a condition to refund the excess amount as decided by the Supreme Court of India in Ghanshyam  vs  Dena Bank.

·         Where shall I file this application. Before the single judge in same matter or as fresh matter ?

·         Shall I claim re-imbursement of medical expenses in case of emergency ?  Presently I am of 58 and my wife is of 55.

·         How can I expedite this matter ? Can I  ask the court to decide this matter within a specific time limit of three month or six month ?

·         Shall I review the decision of Division Bench by filling a review petition before a large bench of three judge ?

·         I shall reach to my age of retirement in December,2014. I wish to decide this matter in High Court as well as Supreme Court within next one year. What necessary step I shall take up to expedite this matter ?

·         Is there any reliable advocate in Ahmedabad who can guide me in this matter as friend, philosopher and guide?



Learning

 1 Replies

RASHMIKANT G. DAVE (PROPRIETOR)     29 April 2013

Two more judgments which were not attached alongwith my previous querry, are attached herewith.


Attached File : 733572137 judgment d n barot page 01 to 22.pdf, 733572137 judgment d n barot page 23 to 43.pdf, 733572137 judgment b k sinha.pdf downloaded: 116 times


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register