Sate Bank Of India General Manager vs. Ram Singh
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Order Issued After Hearing
Purpose:
After Week/Month/Vacation
Before:
Hon'ble Hemant Gupta, Hon'ble Vikram Nath
Stage:
Service Matters : Removal/Dismissal/Termination from service or other major penalties
Remarks:
List On (Date) [27-07-2022]
Listed On:
21 Jul 2022
In:
Judge
Category:
UNKNOWN
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Order Text
ITEM NO.104
COURT NO.9 $\cdot$
SECTION IV
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
Civil Appeal No(s). 2838/2011
STATE BANK OF INDIA & ORS.
Appellant(s)
VERSUS
RAM SINGH
Respondent $(s)$
Date: 21-07-2022 This appeal was called on for hearing today.
HON'BLE MR. JUSTICE HEMANT GUPTA CORAM : HON'BLE MR. JUSTICE VIKRAM NATH
- For Appellant(s) Mr. P.S. Patwalia, Sr. Adv. Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Mr. Arjun Bhatia, Adv. Ms. Harshika Verma, Adv.
- For Respondent(s) Mr. Parveen Kumar Aggarwal, Adv. Mr. Kajal Gupta, Adv. Mr. Abhishek Grover, Adv. Mr. Sanjay Jain, AOR
UPON hearing the counsel the Court made the following ORDER
According to the appellants, the services of $the$ respondent came to an end in terms of Clause 17 of 5<sup>th</sup> Bipartite Memorandum $of$ Settlement arrived $at$ $\overline{on}$ 10.04.1989 which contemplated that on account of absence from duty, and on a notice being served, the services of the absentee-employee will come to an end after expiry of 30 days.
The arguments of Mr. P.S. Patwalia, learned senior magnisel appearing for the appellant is that the 7<sup>th</sup> Bipartite Memorandum of Settlement was signed on 27.03.2000 though there were earlier negotiations in respect of various other matters including revision of pay and allowances. Such Memorandum of Settlement
refers to the settlements dated 22.10.1997 and 28.11.1997.
On the other hand, the arguments of Mr. Parveen Kumar Aggarwal, learned counsel for the respondent is that 7th Bipartite Memorandum of Settlement was arrived at on 22.10.1997 wherein Clause 17 of the 5th Bipartite Memorandum of Settlement was inter alia deleted. As per Mr. Aggarwal, Clause 17 was agreed to be deleted in the said settlements dated 22.10.1997 and 28.11.2017.
To appreciate the arguments raised by learned Counsel for the parties, we find that said settlements should be on record.
Mr. P.S. Patwalia, learned senior counsel seeks some time to produce the said settlements.
List the matter on 27.07.2022.
(SWETA BALODI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)