Disposed

The Bhiwani Central Coope. Bank Emp Union (Regd) v. State of Haryana and Ors.

Punjab & Haryana HC4 Apr 2012CWP/15680/2010

Case brief

AI extract

What is this about?

Single judge disposed of two writ petitions by relying on a Division Bench ruling which quashed impugned orders. The court held decisions remain quashed unless bank proves fragile financial condition for partial installment payments without interest.

What did the court decide?

Impugned proceedings quashed and writ petitions allowed subject to the Division Bench observations regarding payment of arrears.

The Bhiwani Central Coope. Bank Emp… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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C.W.P. No.6389 of 2010

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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C.M. No.4614 of 2012 and C.W.P. No.6389 of 2010

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Date of Decision. 04.04.2012

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Krishan Gopal son of Siri Ram and others

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.......Petitioners

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Versus

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State of Haryana and others

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.....Respondents

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2. C.M. No.4622 of 2012 and C.W.P. No.15680 of 2010

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The Bhiwani Central Cooperative Bank Employees Union (Regd) Bhiwani (Haryana) through its President Sh. Ram Niwas S/o Sh. Gilu Ram

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.......Petitioner

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Versus

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State of Haryana and others

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.....Respondents

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Present: Mr. R.K. Malik, Senior Advocate with Ms. Renu, Advocate for the petitioner.

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Mr. Kshitij Sharma, AAG, Haryana for the State.

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Mr. Subhash Ahuja, Advocate.

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Mr. Pardeep Solath, Advocate for respondent No.3.

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CORAM:HON'BLE MR. JUSTICE K. KANNAN

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Whether Reporters of local papers may be allowed to see the judgment ? No

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To be referred to the Reporters or not ? No

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Whether the judgment should be reported in the Digest? No

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K. KANNAN J.(ORAL)

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Both these cases advert to the same issue and it is agreed by parties that the very same subject matter has been considered by a Division Bench of this Court and disposed of in Ambala Central Cooperative Bank Employees Association (Regd.) Vs. State of

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Haryana in LPA No.1360 of 2009 dated 22.03.2012. The Bench has held

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C.W.P. No.6389 of 2010

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that the order passed on 24.08.2009 passed by the respondents in so far as it denied the arrears was untenable in law. In terms of the said judgment, the impugned proceedings are quashed and the writ petition is allowed subject to the observations found in the Division Bench ruling that if the financial condition of the Bank, as on date, is proved and established by credible material to be fragile or precarious, it will be open for the bank to negotiate with its employees for payment of the arrears in part or in installments as the case may be. The payment of arrears in entirety or in part or in installments would not however carry any interest.

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With these observations, the writ petitions are disposed of.

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(K. KANNAN) JUDGE

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April 04, 2012 Pankaj*

The Bhiwani Central Coope. Bank Emp Union (Regd) v. State of Haryana and Ors.

Case brief

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The Bhiwani Central Coope. Bank Emp Union (Regd) v. State of Haryana and Ors.

Case brief

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