Summary
A Central Bank of India employee dismissed in 1982 on a charge of impersonating his brother in a recruitment test won an award in 2008 finding the charge unproved. It ordered reinstatement without back wages, as he had been gainfully employed. The High Court dismissed both sides' challenges to the award. The bank then reinstated him from 2012, treating the intervening period as dies non. His second writ petition sought seniority and pay fixation counting past service, and the High Court allowed it, holding him entitled to all benefits except back wages. The Court held that res judicata did not bar the second petition, as its cause of action arose later and differed from the challenge to the award. Reinstatement restores the employee to his former position, unlike reappointment, and the bank cannot benefit from its own wrongful dismissal. The appeal was dismissed.
Issues
- Whether an employee's second writ petition seeking seniority and pay fixation after reinstatement was barred by res judicata, given his earlier unsuccessful challenge to the award's denial of back wages.
- Whether an order of reinstatement without back wages entitles the employee to continuity of service, seniority and consideration for promotion for the intervening period.
Provisions considered
- Article 226, Constitution of IndiaRes judicata applies to writ proceedings, but not where the later petition rests on a distinct cause of action. The petition seeking seniority and pay fixation after reinstatement was therefore maintainable. (¶¶ 12, 16, 17, 18)
Held
- Res judicata applies to writ proceedings under Articles 226 and 227. Where an objection to maintainability is not expressly dealt with but the matter is decided on merits, the objection is deemed rejected, and a correct judgment is not vitiated for want of reasons on that point. The employee had also disclosed his earlier writ petition. (¶¶ 12, 13, 14, 15)
- Res judicata and constructive res judicata bar issues that were or could have been raised earlier on the same cause of action. The earlier petition concerned the legality of the award and back wages. The later petition concerned the fixation of pay and seniority after reinstatement, a distinct cause of action that arose afterwards, so it was not barred. (¶¶ 16, 17, 18)
- Reinstatement, unlike reappointment, restores a person to his previous position. Where dismissal is found wrongful and reinstatement is ordered without back wages, the employee must be treated as in service from removal to reinstatement for seniority and promotion. The employer cannot take advantage of its own wrong to deny those benefits. (¶¶ 19, 20, 21, 22)
Result
Appeal dismissed, upholding the direction that the respondent be treated as in service from removal to reinstatement for seniority and consideration for promotion, without back wages.