Case Note & Summary
The Petitioner, Subhash S. Sawant, an ex-employee of Central Bank of India and General Secretary of the Central Bank Employees Union, faced disciplinary proceedings initiated by the Bank. During the proceedings, a dispute arose regarding the Petitioner's choice of Defence Representative, Mr. Prabhakar C. Marpakwar. The Petitioner relied on Clause 12(a)(ii) of the Disciplinary Action Procedure Regulations, which permits an employee to be defended by a representative of a registered trade union of which he is a member. The Bank objected, arguing that the Petitioner was no longer an employee and thus not entitled to such representation. The Court examined the regulation and found that the right to be defended by a trade union representative is available to an employee against whom disciplinary action is proposed or taken. Since the disciplinary proceedings were initiated while the Petitioner was still an employee, the right continued even after his retirement or cessation of employment. The Court allowed the petition, directing the Bank to permit the Petitioner to be represented by Mr. Marpakwar as his Defence Representative.
Headnote
A) Service Law - Disciplinary Proceedings - Right to Defence - Clause 12(a)(ii) of Disciplinary Action Procedure Regulations - The Petitioner, an ex-employee and General Secretary of Central Bank Employees Union, sought to be represented by Mr. Prabhakar C. Marpakwar, a representative of a registered trade union. The Bank objected on the ground that the Petitioner was no longer an employee. The Court held that the right to be defended by a trade union representative under Clause 12(a)(ii) is available to an employee against whom disciplinary action is proposed or taken, and the Petitioner, being an ex-employee, is still entitled to such representation as the disciplinary proceedings were initiated while he was an employee. (Paras 1-3)
Issue of Consideration
Whether the Petitioner, an ex-employee and General Secretary of a trade union, is entitled to be represented by a Defence Representative who is a representative of a registered trade union under Clause 12(a)(ii) of the Disciplinary Action Procedure Regulations.
Final Decision
The Court allowed the petition and directed the Respondent Bank to permit the Petitioner to be represented by Mr. Prabhakar C. Marpakwar as his Defence Representative in the disciplinary proceedings.
Law Points
- Right to defence
- Representation by trade union
- Disciplinary proceedings
- Clause 12(a)(ii) of Disciplinary Action Procedure Regulations
Case Details
Writ Petition No. 1999 of 2018
Akil Kureshi, S.J. Kathawalla
Mr. Sanjay Singhvi, Sr. Adv. a/w. Ms. Dipti Kuber i/b. Devmani Shukla and Mr. Vijayprakash Yadav for the Petitioner; Mr. Rohaan Cama a/w. Ms. Sapana Rachure, Ms. Kalyani Wagle i/b. M/s. T.N. Tripathi and Company for Respondent No. 1
Central Bank of India & Anr.
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Nature of Litigation
Writ petition challenging the Bank's refusal to allow the Petitioner to be represented by his chosen Defence Representative in disciplinary proceedings.
Remedy Sought
The Petitioner sought a direction to the Respondent Bank to permit him to be represented by Mr. Prabhakar C. Marpakwar as his Defence Representative in the disciplinary proceedings.
Filing Reason
The Bank refused to allow the Petitioner to be represented by Mr. Marpakwar, claiming that the Petitioner, being an ex-employee, was not entitled to such representation under the Regulations.
Issues
Whether the Petitioner, an ex-employee, is entitled to be represented by a trade union representative under Clause 12(a)(ii) of the Disciplinary Action Procedure Regulations.
Submissions/Arguments
Petitioner argued that under Clause 12(a)(ii), he is entitled to be defended by a representative of a registered trade union of which he is a member, and that the right continues even after cessation of employment.
Respondent Bank argued that the Petitioner, being an ex-employee, is not covered by the regulation which applies only to employees.
Ratio Decidendi
The right to be defended by a trade union representative under Clause 12(a)(ii) of the Disciplinary Action Procedure Regulations is available to an employee against whom disciplinary action is proposed or taken, and such right continues even after the employee ceases to be in service if the disciplinary proceedings were initiated during his employment.
Judgment Excerpts
The Petitioner before us is an ex-employee of the Respondent No. 1 Bank and is stated to be the General Secretary of the Central Bank Employees Union, Mumbai.
Certain disputes have arisen between the Petitioner and the Respondent No. 1 Bank, as a consequence of which disciplinary proceedings came to be initiated by Respondent No. 1 against the Petitioner.
The Defence Representative whom the Petitioner desired to represent him is a gentleman by the name of Mr. Prabhakar C. Marpakwar.
Procedural History
The Petitioner filed earlier petitions in the High Court regarding the same issue, and orders were passed therein. The present petition was filed seeking a direction to allow Mr. Marpakwar as Defence Representative.
Acts & Sections
- Disciplinary Action Procedure Regulations: Clause 12(a)(ii)
