IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.862 of 2008 Sheo Shankar Tiwary, son of Late Rahupati Tiwary, resident of Mohalla-Maulabagh, Near the S.B. High School, Ara, P.S.Nawada (Ara), District-Bhojpur at Ara, retired as an Assistant State Bank of India at Bihta, Branch, District-Patna .. Appellant Versus 1. The State Bank Of India through its Chairman Central Office, Madam Kama Road, Mumbai 2. The Charman, State Bank of India, Madam Kama Road, Mumbai 3. The Chief General Manager, State Bank of India, Head Office, Gandhi Maidan, Patna 4. The Regional General Manager (Personnel), State Bank of India, Head Office, Gandhi Maidan, Patna 5. The Deputy General Manager, State Bank of India, Anchal Office, J.C. Road, Patna 6. The Regional Deputy General Manager, Region-II, State Bank of India, Anchalik Office, J.C. Road, Patna 7. The Branch Manager, State Bank of India, Bihta Branch, District-Patna … Respondents ----------- 4 20.07.2011 The present appeal has been filed against the order dated 18.09.2008, passed in C.W.J.C. No. 12187 of 2006 which was filed by the petitioner being aggrieved by the order dated 29.05.1999 passed by the authority of the Bank (Annexure-4 to the writ petition) with regard to fixing the date of joining. We may indicate here that the appellant has chosen to come to this Court one year prior to his retirement by filing C.W.J.C.No.12187 of 2006 i.e., nearly after 2 a period of seven years. The case seems to have a chequered history. On earlier occasion, when appellant had not passed the departmental test, his services were terminated and he had chosen to go before the Central Government Industrial Tribunal by raising the industrial dispute and the Central Government Industrial Tribunal, No. 1 Dhanbad on 23.05.1981 has passed award in favour of the appellant, and thereafter, another award was also passed on 09.12.1988. The Bank has chosen to question such award by filing C.W.J.C. No.5931 of 1989 but the same was dismissed by this Court, and therefore, the appellant was reinstated in service and joined on 30.04.1998 and all arrears and back-wages have been paid to him in view of the award passed. Thereafter, a letter was issued by the Bank on 24.03.1999 directing the appellant-herein to pass special test. Accordingly, he appeared in the said test and made himself qualified and the Bank has issued a letter on 29.05.1999 indicating therein that the date of permanent appointment would be the date on which he 3 joined after being declared to be medically fit, but however, the appellant made an application on 16.11.2000 before Branch Manager stating therein that his services should be treated to be continued in light of the award passed by the Central Government Industrial Tribunal on 09.12.1988. The appellant retired from service on 31.07.2007 and has chosen to file the present writ petition being C.W.J.C. No.12187 of 2006 challenging the averments made in letter dated 29.05.1999. The learned Single Judge having heard the parties and considering the material on record has dismissed the writ petition holding that as the Bank has already complied the award dated 09.12.1988 and the appellant has chosen to accept the award and the Bank has allowed him to join on 30.04.1998 after disposal of the writ petition being C.W.J.C. No.5931 of 1989, the appellant should not have chosen to raise any issue with regard to his date of joining nearly after a period of seven years as he has accepted the offer made by the Bank in pursuance to his retirement. 4 The learned Single Judge declined to interfere with the matter on the ground that it would amount to reopening the award by the Central Government Industrial Tribunal. Having heard both the parties, we are of the opinion that as the award passed by Central Government Industrial Tribunal has become final and the same was confirmed by this Court in C.W.J.C. No.5931 of 1989 filed by the Bank, the said issue cannot be reopened by this Court which remain settled, after a period of seven years and on that ground also the appellant is not entitled to get the relief so claimed. Accordingly, the appeal stands dismissed. Ashwini (T.Meena Kumari,J.) (Ahsanuddin Amanullah, J.)