PURI URBAN COOPERATIVE BANK Vs. MADHUSUDAN SAHU

JUDGEMENT

(1.) In this matter challenge has been made to the judgment and order dated 14-3-1991 of the Orissa High Court passed in OJC No. 1483 of 1985. Notice was issued to Madhusudan Sahu, respondent, the person concerned, indicating that the matter shall be disposed of at the notice stage. Despite presumptive service, no one appeared on his behalf. We heard only learned counsel for the appellant.

(2.) Special leave is granted.

(3.) The respondent, Madhusudan Sahu (hereafter referred as "Sahu") was engaged as an appraiser by Puri Urban Co-operative Bank, the appellant herein, pursuant to an advertisement dated January 10, 1978. As an appraiser his job was to be available in the Bank, when called, for performing the services of weighing and testing the gold ornaments offered to be pledged to the Bank to secure loans. It was stipulated in the advertisement that the appraiser's commission (termed wages by the High Court) shall be 25 paise per hundred rupees of loan but in no case shall remuneration be less than Rs. 2/-per appraisal. Besides the said commission/ wages the appraiser could claim no other sum for his services. As stipulated Sahu's services were terminable at any time. His services were terminated by the Bank on 27-8-1979. He successfully sought a reference from the Government to the Labour Court. The Labour Court went into the matter and vide Award dated March 27, 1985, set aside the order of termination terming it as illegal and unjustified, ordering Sahu's reinstatement in service. He was held disentitled to back wages since those were not capable of a precise computation and involved an element of speculation. The appellant-Bank as well as Sahu approached the High Court of Orissa challenging correspondingly the Award of the Labour Court in so far as it had gone against their respective interest. The High Court affirmed the view of the Labour Court, which has given cause to the appellant-Bank to move this Court.