Service law – Res Judicata – Applicability of – Respondent was appointed to the post of agricultural assistant in the appellantBank – Respondent was served a chargesheet alleging that he had impersonated his brother in a written test conducted by Bank – Disciplinary Enquiry held and thereafter services of the respondent was terminated by the appellant in the year 1982 – Respondent raised an industrial dispute – Tribunal by award dated 2008 held that charge of impersonation was not proved and dismissal was unjustified, thus reinstated respondent but without back wages – Respondent filed a writ petition in the High Court in the year 2009 challenging the award of tribunal insofar as relates to the denial of back wages – Appellants also filed a writ petition before the High Court in the year 2009 challenging the award so far relates to the reinstatement of services of respondent – High Court by a common judgment dismissed both the writ petitions – In compliance with the judgment of High Court appellant reinstated the respondent – In 2013 respondent filed another writ petition to reinstate the respondent to the post of Agricultural Finance officer and also for the fixation of pay and seniority – Appellant objected that the writ petition is barred by the principles of res judicata – High Court by judgment dated 2015 held that the appellant shall be entitled for all the benefits upon reinstatement except back wages – Writ appeal was dismissed – Before the Supreme Court, appellant-bank contended that principles of res judicata applied to the writ proceedings – On appeal, held: The issue in the earlier writ petition was regarding legality of the award – However, the question in the second writ petition was, whether, for the purposes of seniority and fixation of pay, the respondent was to be treated as a newly appointed employee – Matter-in-issue in both the writ petitions is different therefore principles of res judicata inapplicable – No infirmity with the concurrent findings of the Single Bench and the Division Bench of the High Court – Appeal dismissed.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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