Work relationship stays during break; employee must follow Supreme Court rules for the Job
Case: U.P. Singh v. Punjab National Bank
Coram: Justices Hima Kohli and Rajesh Bindal
Case No.: CIVIL APPEAL NO. 5494 OF 2013
Court Observation: “The relationship of master and servant does not come to an end. All the rules and regulations governing the post continue to apply. Merely because the Bank had stopped paying subsistence allowance to the workman does not mean that the workman was no more an employee of the Bank. The action was taken by the Bank only to ensure that somehow or the other, the workman joined his duty. However, it seems that he had some other scheme in his mind”
“The workman could have been treated to have been voluntarily retired immediately upon expiry of 90 days from 28.09.1983 as he had failed to join duty. Letter dated 05.01.1984 issued by the Bank was duly acknowledged by him in his communication but still he failed to join duty and continued writing letters. Despite this fact, the Bank was magnanimous enough to have issued a final notice to the workman on 05.10.1984, granting him 30 days’ time to report for duty. This is also acknowledged by the workman. But for reasons best known to him he failed to comply with the same.”
“Failure to avail of any remedy also would mean that he had accepted the order and was duty-bound to comply with the same. At a later stage, he could not take a plea that the order being erroneous, no consequence would follow for its non-compliance.”
Previous Posts
Candidates With B.Ed. Not Eligible For Primary School Teaching Jobs: Patna High Court
Keywords
Work relationship stays during break, Supreme Court
