SRINAGAR, Aug 4: In a major relief for the J&K Bank employees, High Court today directed for the release of their salary which was withheld on the direction of the trial court.
Justice Rajesh Bindal hearing a plea filed by the J&K Bank Employees Union president directed the bank to release their earned salary. The direction to the bank for withholding salary was passed by Special
Judge Anti-Corruption Srinagar which applies almost to 3000 employees of the bank and aggrieved of this order they approached the High Court for setting aside the same.
The J&K Bank Employees Union through its president have approached the Court challenging the order of trial court whereby direction has been issued for not releasing salary to the employees of Bank who have been appointed as Probationary Officers and Banking Assistant since 2010 till date.
Trial Judge had passed the direction on May 23, while considering an application submitted by the bank for release of documents seized in FIR no. 10/19 including those documents pertaining to the appointment of those employees who have been appointed after 2010.
Employees counsel pleaded, that the order impugned transpires that the Government has directed the bank vide communication dated 2.3.2019 to initiate departmental action in a time bound manner about the appointments in question.
ACB has registered two FIRs against some officers of the bank and after conclusion of the investigation final report under section 173 CrPc has been filed before trial court.
The trial court after considering the application of bank for release of seized documents, recorded that the bank shall strictly use the Xerox record for initiating departmental action and not use the record for facilitating the release of remuneration/increments or recording of APRs of the illegal appointees, “who otherwise are required to be disengaged forthwith and posts are re-advertised accordingly”. The petitioner-Union sought quashing of the direction and directing the bank to allow to continue these employees in their services and also releasing their salary. The aggrieved Employees Bank union challenges the trial court direction on various grounds including that the direction in question has been passed in an ancillary application of bank as there was no question of issuing for stoppage of salary and disengagement of these bank employees as the power exercised by the trial judge is not available to him.
“No notice was provided to those who have suffered under the order directing the deprivation of their remuneration and engagement, the order is therefore, passed in violation of the principles of natural justice”, reads the petition.