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may 2005

Supreme Court of India · 2005-05-03

VIVEKA NAND SETHI vs CHAIRMAN, J&K BANK LTD. .

Citation / case number
SC 2003/10157
Court
Supreme Court of India
Petitioner
VIVEKA NAND SETHI
Respondent
CHAIRMAN, J&K BANK LTD. .
Author
S.B. SINHA N. SANTOSH HEGDE
Bench
S.B. SINHA N. SANTOSH HEGDE

Judgment text excerpt

The Supreme Court interpreted a bipartite settlement dated 8.9.1983 concerning the voluntary cessation of employment under which an employee who absents himself for 90 consecutive days without leave may be deemed to have voluntarily retired. The Court upheld the Central Government Industrial Tribunal's award directing the reinstatement of the workman without back wages, affirming that the Bank's actions were consistent with the settlement terms. The judgment clarified the procedural requirements for the Bank before declaring an employee as having voluntarily retired under the settlement.

VIVEKA NAND SETHI vs CHAIRMAN, J&K BANK LTD. . · Niyam