SHIVENDRA DUBEY v. ORIENTAL BANK OF COMMERCE and OTHERS
WRIA/46676/2000 · 2025-09-15
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19810 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19810 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 46676 of 2000 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Nirbhay Kumar Bharti, learned counsel for petitioner and Sri Sanjay Singh, learned counsel for respondent- Bank.
2. It is a case where the petitioner has abandoned his right. From the record, petitioner was appointed on the post of Peon on 18.01.1996 at Jaigara Branch, District Agra of Bank and was transferred to Bhadhoi Branch, however, instead of joining at transferred place i.e. Bhadhoi Branch, he submitted his resignation and thereafter he made vague applications that the resignation was under coercion.
3. Instead of approaching labour Court to raise an industrial dispute after about 4 years, he approached this Court. No interim order was granted and now matter is heard finally after 25 years, therefore, even the case of petitioner is considered that resignation was not accepted and he may be restored back to his original position of Peon, the period of 25 years i.e. from 2000 to 2025 is adverse to him.
4. The petitioner has never tried between 1996 to 2000 to join at transferred place Bhadhoi and instead of joining he submitted applications, which has been denied in the counter affidavit. No rejoinder affidavit was filed despite, the counter affidavit was filed in the year
2001. The petitioner has also not filed any affidavit that during 25 years, he was not gainfully employed.
5. In the aforesaid circumstances, that claim of petitioner is rejected, therefore, relief sought cannot be granted and this writ petition is accordingly, dismissed. September 16, 2025 P. Pandey Versus Counsel for Petitioner(s) : Nirbhay Kumar Bharti Counsel for Respondent(s) :
(Saurabh Shyam Shamshery,J.) Shivendra Dubey .....Petitioner(s) Oriental Bank Of Commerce And Others .....Respondent(s) Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad