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High Court of Punjab and Haryana · body

2011 DAILYLAW 2406 (PNJ)

UPDESH PASSI v. PRESIDING OFFICER CENTRA GOVT. & ANR.,

CWP/14649/2011 · 2026-05-27

Kuldeep Tiwari

body2011

Judgment text

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CWP-14649 CWP-179-2011 IN THE HIGH COURT OF PUNJAB AND HARYANA (180) 1. CWP-14649 Updesh Passi Presiding Officer, Central Govt. Industrial Tribunal cum Labour Court 2. CWP-179 The Assistant General Manager, State Bank of India Presiding Officer, Central Govt. Industrial Tribunal cum Labour Court CORAM: Present: KULDEEP TIWARI 1. together as the common award dated 4649-2011 and 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 14649-2011 Updesh Passi Versus Presiding Officer, Central Govt. Industrial Tribunal cum Labour Court-I, Chandigarh and another 179-2011 The Assistant General Manager, State Bank of India Versus Presiding Officer, Central Govt. Industrial Tribunal cum Labour Court-I, Chandigarh and another HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Vinay Kumar Pandey, Advocate for the petitioner(s) in CWP-14649 for respondent No.2 in CWP-179 for respondent in CR-603-2017. Mr. Vikas Chatrath, Sr. Advocate with Mr. Abhishek Sharma, Advocate and Mr. Anirudh Malhan, Advocate for respondent No.2-Bank in CWP for the petitioner in CWP-179-2011 **** KULDEEP TIWARI, J.(ORAL) Both these instant writ petition(s) are amenable to be decided together as the common award dated 24.08. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 27.05.2026 …Petitioner Versus ...Respondents I, Chandigarh and another The Assistant General Manager, State Bank of India …Petitioner Versus ...Respondents I, Chandigarh and another KULDEEP TIWARI Vinay Kumar Pandey, Advocate 14649-2021, 179-2011 and 2017. Mr. Vikas Chatrath, Sr. Advocate with Mr. Abhishek Sharma, Advocate and Mr. Anirudh Malhan, Advocate Bank in CWP-14649-2021, 2011 and CR-603-2017. Both these instant writ petition(s) are amenable to be decided 24.08.2010 (Annexure P-8), passed by Both these instant writ petition(s) are amenable to be decided ), passed by MANPREET SINGH 2026.05.30 13:20 I attest to the accuracy and authenticity of this order/judgment CWP-14649 CWP-179-2011 learned Tribunal, has been put to challenge, by filing and therefore, with the consent of the parties, the same are taken up together for adjudication. 2. whereas, CWP impugned award. 3. CWP-14649 4. petitioner/workman, wherethrough, the reference was partially answered in his favour by learned Tribuna retirement was set aside, and the same was converted into stoppage of two increments, with cumulative effect. Further, the respondent/Management, was directed to reinstate the petitioner/workman, back into the s back wages, after one month, from the date of publication of the award (supra). 5. to settle the dispute betw yielded fruits. Resultantly, a settlement between the parties. The hereinafter : 4649-2011 and 2011 learned Tribunal, has been put to challenge, by filing and therefore, with the consent of the parties, the same are taken up together for adjudication. CWP-179-2011, has been filed by the whereas, CWP-14649-2011, has been filed by the workman, challenging the ned award. For the sake of convenience, the facts are being taken up from 14649-2011 The legality of the award (supra), challenged by the petitioner/workman, wherethrough, the reference was partially answered in his favour by learned Tribunal, and the order of punishment of compulsory retirement was set aside, and the same was converted into stoppage of two increments, with cumulative effect. Further, the respondent/Management, was directed to reinstate the petitioner/workman, back into the s back wages, after implementing the substituted one month, from the date of publication of the award (supra). During the pendency of instant writ petition(s), efforts were made to settle the dispute between the parties, through amicable means, which uits. Resultantly, a settlement dated 26.05.2026, was arrived at between the parties. The relevant part of the settlement hereinafter :- “In the CWP 14649 OF 2011/CWP 179 OF 201 OF 2017/ Execution 38681 of 2013 (PBLD02 2013), the competent authority has accorded approval for payment of Rs 11,82,179/ final settlement of his claims. Sh Updesh Passi has to withdraw all legal cases filed 2 learned Tribunal, has been put to challenge, by filing these writ petition(s), and therefore, with the consent of the parties, the same are taken up together has been filed by the Management/Bank has been filed by the workman, challenging the For the sake of convenience, the facts are being taken up from The legality of the award (supra), challenged by the petitioner/workman, wherethrough, the reference was partially answered in his l, and the order of punishment of compulsory retirement was set aside, and the same was converted into stoppage of two increments, with cumulative effect. Further, the respondent/Management, was directed to reinstate the petitioner/workman, back into the service with full implementing the substituted punishment, within a period of one month, from the date of publication of the award (supra). During the pendency of instant writ petition(s), efforts were made een the parties, through amicable means, which dated 26.05.2026, was arrived at relevant part of the settlement (supra), is extracted In the CWP 14649 OF 2011/CWP 179 OF 2011/CR 603 OF 2017/ Execution 38681 of 2013 (PBLD02-004854 2013), the competent authority has accorded approval for payment of Rs 11,82,179/- to Sh Updesh Passi as full and final settlement of his claims. Sh Updesh Passi has to withdraw all legal cases filed against the bank and no these writ petition(s), and therefore, with the consent of the parties, the same are taken up together Bank, has been filed by the workman, challenging the For the sake of convenience, the facts are being taken up from The legality of the award (supra), challenged by the petitioner/workman, wherethrough, the reference was partially answered in his l, and the order of punishment of compulsory retirement was set aside, and the same was converted into stoppage of two increments, with cumulative effect. Further, the respondent/Management, was ervice with full punishment, within a period of During the pendency of instant writ petition(s), efforts were made een the parties, through amicable means, which dated 26.05.2026, was arrived at (supra), is extracted 1/CR 603 004854- 2013), the competent authority has accorded approval for to Sh Updesh Passi as full and final settlement of his claims. Sh Updesh Passi has to against the bank and no MANPREET SINGH 2026.05.30 13:20 I attest to the accuracy and authenticity of this order/judgment CWP-14649 CWP-179-2011 6. petitioner/workman, has also submitted a compromise statement with the respondent/Management, on the same day, i.e. on 26.05.2026, which is extracted hereinafter : 7. settlement recorded above. However, l petitioner/workman, submits respondent/Bank, i time bound direction be passed upon the respondent/Bank, in this regard. 4649-2011 and 2011 further claims of any wages/arrears/allowances/ interest etc arising out of or incidental to the pending litigation shall be raised by him. He would not file any civil or criminal case arising out of the claim raised by him. It may also be ensured that the order specifically records that this settlement shall not be treated as precedent in any other case.” After agreeing with the above said settlement petitioner/workman, has also submitted a compromise statement with the espondent/Management, on the same day, i.e. on 26.05.2026, which is extracted hereinafter :- “With reference to my letter dated 15 had conveyed my willingness to settle the matter upon payment of Rs. 11,82,179, I reiterate that I shall amount of Rs. 11,82,179 as full and final settlement of all my claims against the bank in CWP 173/2011, CR-603/2017, Execution 38681/2013. I undertake to withdraw all legal cases filed against the bank and shall have no further c allowances, interest, etc. arising out of or incidental to the proceedings of CWP-14649/2011, CWP 173/2011, CR 603/2017, Execution 38681/2013. I further undertake not to initiate or pursue any civil proceedings against the bank in respect of the aforesaid matter. In view of the above, the impugned award is modified as per the settlement recorded above. However, l petitioner/workman, submits that in view of the settlement respondent/Bank, is now required to pay the agreed amount, and therefore, a time bound direction be passed upon the respondent/Bank, in this regard. 3 further claims of any wages/arrears/allowances/ interest etc arising out of or incidental to the pending litigation shall be raised by him. He would not file any civil or criminal case arising out of the claim raised by him. It may also be ensured that the order specifically records that this settlement shall not be treated as precedent in any other with the above said settlement, the petitioner/workman, has also submitted a compromise statement with the espondent/Management, on the same day, i.e. on 26.05.2026, which is With reference to my letter dated 15-10-2025, wherein I had conveyed my willingness to settle the matter upon payment of Rs. 11,82,179, I reiterate that I shall accept the amount of Rs. 11,82,179 as full and final settlement of all my claims against the bank in CWP-14649/2011, CWP 603/2017, Execution 38681/2013. I undertake to withdraw all legal cases filed against the bank and shall have no further claims of any wages, areas, allowances, interest, etc. arising out of or incidental to the 14649/2011, CWP 173/2011, CR 603/2017, Execution 38681/2013. I further undertake not to initiate or pursue any civil proceedings against the bank n respect of the aforesaid matter.” In view of the above, the impugned award is modified as per the settlement recorded above. However, learned counsel for the that in view of the settlement (supra), t now required to pay the agreed amount, and therefore, a time bound direction be passed upon the respondent/Bank, in this regard. further claims of any wages/arrears/allowances/ interest etc arising out of or incidental to the pending litigation shall be raised by him. He would not file any civil or criminal case arising out of the claim raised by him. It may also be ensured that the order specifically records that this settlement shall not be treated as precedent in any other , the petitioner/workman, has also submitted a compromise statement with the espondent/Management, on the same day, i.e. on 26.05.2026, which is 2025, wherein I had conveyed my willingness to settle the matter upon accept the amount of Rs. 11,82,179 as full and final settlement of all 14649/2011, CWP- 603/2017, Execution 38681/2013. I undertake to withdraw all legal cases filed against the laims of any wages, areas, allowances, interest, etc. arising out of or incidental to the 14649/2011, CWP 173/2011, CR- 603/2017, Execution 38681/2013. I further undertake not to initiate or pursue any civil proceedings against the bank In view of the above, the impugned award is modified as per the earned counsel for the (supra), the now required to pay the agreed amount, and therefore, a MANPREET SINGH 2026.05.30 13:20 I attest to the accuracy and authenticity of this order/judgment CWP-14649 CWP-179-2011 8. disposed of entire agreed amount in the bank account of the petitioner settlement (supra), within a period of eight weeks, from the date of receipt of certified copy of this order. 9. has arrived at between both the parties, therefore, all proceedings, if any, emanating from the award (supra), between the parties, is hereby, 10. terms and condi 11. numbered above. May 27, 2026 Manpreet 4649-2011 and 2011 In view of the above, both the instant writ petition(s) are disposed of, with a mandamus, upon the respondent/Bank, to re entire agreed amount in the bank account of the petitioner (supra), within a period of eight weeks, from the date of receipt of certified copy of this order. It goes without saying that since a settlement has arrived at between both the parties, therefore, all proceedings, if any, emanating from the award (supra), between the parties, is hereby, This Court is sanguine that both the parties shall adhere to the terms and conditions of the settlement (supra). Photocopy of this order be placed on the connected case file, as numbered above. , 2026 Whether speaking/reasoned Whether reportable 4 In view of the above, both the instant writ petition(s) are , upon the respondent/Bank, to release the entire agreed amount in the bank account of the petitioner/workman, as per the (supra), within a period of eight weeks, from the date of receipt of saying that since a settlement, as recorded above, has arrived at between both the parties, therefore, all proceedings, if any, emanating from the award (supra), between the parties, is hereby, set aside. This Court is sanguine that both the parties shall adhere to the tions of the settlement (supra). Photocopy of this order be placed on the connected case file, as (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No In view of the above, both the instant writ petition(s) are lease the /workman, as per the (supra), within a period of eight weeks, from the date of receipt of recorded above, has arrived at between both the parties, therefore, all proceedings, if any, This Court is sanguine that both the parties shall adhere to the Photocopy of this order be placed on the connected case file, as MANPREET SINGH 2026.05.30 13:20 I attest to the accuracy and authenticity of this order/judgment