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TMI Blog2022 (8) TMI 1367X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Respondent. 3. On or about 23rd April 1975, the Respondent was appointed to the post of Agricultural Assistant in the Appellant-Bank and posted at its Kailaras Branch in Madhya Pradesh. 4. Over four years after his appointment, the Respondent was served with a chargesheet dated 18th September 1979 alleging that he had impersonated his brother in a Written Test conducted by the Bank through the Banking Service Recruitment Board, Lucknow on 6th May 1979 and answered the questions on his behalf. Pursuant to the chargesheet, Disciplinary Enquiry was held after which the services of the Respondent were terminated by the Appellant-Bank by an order dated 29th January 1982. 5. The Respondent raised an industrial dispute. By Notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other relief as might be necessary for doing justice including costs. 8. The Appellants also filed a Writ Petition being Writ Petition No. 621 of 2009(S) against the Award dated 10th September 2008, insofar as the Respondent was directed to be reinstated in service. By a common judgment and order dated 8th May 2012, the High Court dismissed both the writ petitions. The Appellants states that, in compliance of the order dated 8th May 2012, the Appellant-Bank reinstated the Respondent with effect from his date of reporting i.e. 18th August 2012. 9. Sometime in March 2013, the Respondent moved a Writ Petition being Writ Petition No. 1571 of 2013 in the High Court of Madhya Pradesh at Gwalior, seeking orders on the Appellant-Bank to reinstat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mployee is restored back to the date on which he was removed from services. As such, the Respondents were not justified having excluded the period from the date of removal of the Petitioner to the date of his reinstatement and treating the same as completely dies non and also in not allowing the Petitioner to get the service benefits attributable to him by virtue of the aforesaid length of service. In the opinion of this Court, the order (Annexure P/1) passed by the Respondent-Bank is not in conformity with the order passed by the Tribunal. Hence, the impugned order, so far as it relates to denying benefits to the Petitioner for the intervening period (the period from the date of removal of the Petitioner from service to the date of his rei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een dismissed. In Paragraph 5.5 of the Writ Petition, the Respondent clearly stated that both the parties had challenged the Award of the Tribunal before the High Court-the Management of the Appellant-Bank against the entire Award and the Respondent against the part of the Award refusing back wages. Both the Writ Petitions i.e. W.P. No. 621 of 2009(S) filed by the Respondent and W.P. No. 3091 of 2009(S) filed by the Appellants were heard analogously and dismissed by a common order dated 8th May 2012. The Respondent not only mentioned the fact that he had initiated a Writ Petition earlier, but also annexed a copy of the common judgment and order of the High Court in the earlier Writ Petitions as Annexure P-4. 15. Even though, the Court may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause of action for Writ Petition No. 1571 of 2013 arose subsequently. The issue in the later writ petition was not whether the Respondent was entitled to back wages for the period prior to the date of the Award, which issue had been decided in the earlier writ petition, but the issue of fixation of pay and seniority upon reinstatement in service. The question in the second writ petition was, whether, for the purposes of seniority and fixation of pay, the Respondent was to be treated as a newly appointed employee and that too with effect from 18th August 2012, when the Award directing his reinstatement was dated 10th September 2008. 19. In our considered view, the learned Single Bench of the High Court rightly granted relief to the Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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