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Judgment
V.M. Sahai, J.—By way of filing this appeal the Appellant - original Petitioner has challenged the order dated 20th October 2004 passed by the learned Single Judge in Special Civil Application No. 11235 of 2004 vide which he dismissed the writ petition filed by the Appellant - original Petitioner.
The short facts of the appeal are that the Respondent-workman was working as a peon with the Appellant-bank. He was dismissed from service with effect from 13th May 1980 as he is alleged to have committed misconduct of cheating the members and customers of the Appellant-bank. The Respondent-workman raised the industrial dispute challenging the action of the Appellant-bank and the same was registered as BIR Application No. 70 of 1980 before the Labour Court, Junagadh.
The Labour Court, after hearing both the parties came to the conclusion that the action of the Appellant-bank in dismissing the services of the Respondent-workman was legal and valid and thereby rejected the application made by the Respondent-workman.
The Respondent-workman, therefore, filed appeal before the Industrial Court, Rajkot being Appeal (IC) No. 9 of 1986. The Industrial Court, after hearing the parties, confirmed the order of the Labour Court by holding that the dismissal of the Respondent-workman was legal and valid, but directed the Appellant-bank to pay the subsistence allowance from the date of dismissal till the date of order of the Labour Court i.e. from 13th May 1980 to 9th July 1986. 5. Feeling aggrieved by the aforesaid order of the Industrial Court, the Appellant-bank challenged the same before the learned Single Judge on various grounds. The learned Single Judge by the impugned order dated 20th October 2004 rejected the writ petition filed by the Appellant-bank. Hence, the present appeal.
Heard Learned Counsel for the Appellant and perused the record. The Learned Counsel for the Appellant submitted that pending the application before the Labour Court after the dismissal order the workman is not entitled for the back-wages and in support of his contention he relied upon the decision of the Apex Court in the case of D.C. Roy Vs. The Presiding Officer, Madhya Pradesh Industrial Court, Indore and Others,
We are of the view that the Industrial Court as well as the learned Single Judge have erred in awarding subsistence allowance to the Respondent-workman from the date of dismissal till the date of order of the Labour Court i.e. from 13th May 1980 to 9th July 1986. Therefore, the order passed by the Industrial Court in awarding subsistence allowance to the Respondent-workman from the date of dismissal till the date of order of the Labour Court i.e. from 13th May 1980 to 9th July 1986 and confirmed by the learned Single Judge is set aside. The appeal is allowed to the aforesaid extent.