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Shambhu Nath Goyal Vs. Bank of Baroda and ors. - Court Judgment

LegalCrystal Citation
SubjectService
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 429 of 1980
Judge
Reported in(1982)1SCC408
AppellantShambhu Nath Goyal
RespondentBank of Baroda and ors.
Excerpt:
- [ a.d. koshal and; d.a. desai, jj.] -- labour and services — termination — writ petition pending in high court — appeal against interim order — agreement arrived at and supreme court passing order for payment of salary, back wages etc. to the employee during pendency of the petition -- the high court has directed deposit of 25 per cent of the back wages awarded by the central government industrial tribunal. out of the amount so deposited by the bank, the bank agrees that the appellant shri shambhu nath goyal will draw 15 per cent of the amount related to the total amount payable by the bank from the deposit made without giving security and the amount shall be paid immediately to shambhu nath goyal by the registry of the high court pursuant to this order......by the central government industrial tribunal. out of the amount so deposited by the bank, the bank agrees that the appellant shri shambhu nath goyal will draw 15 per cent of the amount related to the total amount payable by the bank from the deposit made without giving security and the amount shall be paid immediately to shambhu nath goyal by the registry of the high court pursuant to this order. the bank further agrees that it shall deposit a further amount equivalent to 25 per cent payable by the bank to the appellant under the award within two weeks and the appellant would be entitled to withdraw that amount, namely 10 per cent of the balance of the previous deposit and 25 per cent of the additional deposit on furnishing a security to the satisfaction of the registrar of the high.....
Judgment:

D.A. DESAI, J.

1. We heard counsel on both sides and we must confess that there was an appreciable amount of cooperation on both sides to dispose of this matter which covered only an interim order made by the High Court.

2. Having heard counsel we direct that Order herein shall be substituted for interim order made by the High Court against which the present appeal is preferred.

3. Respondent Bank of Baroda agrees to pay to the appellant Shri Shambhu Nath Goyal his full salary effective from the date of the award, i.e. July 18, 1979 at the rate at which he drew his past salary on the date of termination of his service within two weeks and the Bank further agrees to pay from month to month the same salary to the employee till disposal of the writ petition without asking for any security in this behalf.

4. The High Court has directed deposit of 25 per cent of the back wages awarded by the Central Government Industrial Tribunal. Out of the amount so deposited by the Bank, the Bank agrees that the appellant Shri Shambhu Nath Goyal will draw 15 per cent of the amount related to the total amount payable by the Bank from the deposit made without giving security and the amount shall be paid immediately to Shambhu Nath Goyal by the Registry of the High Court pursuant to this Order. The Bank further agrees that it shall deposit a further amount equivalent to 25 per cent payable by the Bank to the appellant under the award within two weeks and the appellant would be entitled to withdraw that amount, namely 10 per cent of the balance of the previous deposit and 25 per cent of the additional deposit on furnishing a security to the satisfaction of the Registrar of the High Court.

5. Parties agree that both parties will jointly move the High Court to dispose of the writ petition as expeditiously as possible and we are of the opinion that it must be disposed of within three months from today.

6. There will be no order as to costs.


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