HC Dismisses LPA Over Availability of Statutory Remedy
- Blog|News|Labour & Industrial Laws|
- 2 Min Read
- By Taxmann
- |
- Last Updated on 8 May, 2026
Latest from Taxmann
Case Details: Amrendra Jha vs. Punjab National Bank [2026] 185 taxmann.com 715 (HC-Patna)
Judiciary and Counsel Details
- Sangam Kumar Sahoo, CJ. & Harish Kumar, J.
-
Nalin Vilochan Tiwary, Avinash Kumar, Ajay Kumar Mehta & Kumar Satyam, Advs. for the Appellant.
-
Mritunjay Kumar, Ajit Kumar & Suryakant Kumar, Advs. for the Respondent.
Facts of the Case
In the instant case, the appellant was an employee of the respondent bank. Disciplinary proceedings were initiated against the appellant, and the Disciplinary Authority imposed punishment of compulsory retirement, which the Appellate Authority affirmed.
The appellant filed a writ petition seeking the quashing of the appellate order affirming the punishment. When the writ petition was taken up, the respondent bank raised a preliminary objection to its maintainability on the ground that a statutory alternative remedy was available before the Central Government Industrial Tribunal-cum-Labour Court.
Taking note of the statutory alternative remedy and the delay attributable to the long pendency of the writ, the Single Judge directed the appellant to approach the Central Government Industrial Tribunal-cum-Labour Court, ordered expeditious disposal within 90 days, and directed the bank to cooperate and avoid unnecessary adjournments.
It was noted that Letters Patent Appeal before the Division Bench is a power exercised in appellate jurisdiction by the High Court as a Court of correction of errors, if any. If there is no evidence of any perversity, palpable unreasonableness or any inconsistency with any particular position of law, order cannot be interfered with in the exercise of appellate jurisdiction.
High Court Held
The High Court held that since there was no perversity in the order of the Single Judge, the Letters Patent Appeal against said order was to be dismissed.
List of Cases Referred to
- Awadhesh Singh v. Punjab National Bank [CWJC No. 5753 of 2018] (para 2)
- Utkal Highways Engineers and Contractors v. Chief General Manager [Special Leave Petition (C) No. 15596 of 2022] (para 5).
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
CA | CS | CMA
