ALLAHABAD BANK Vs. PREM SINGH

JUDGEMENT

(1.) The appellant-Bank had requisitioned applications for appointment as cashiers or cash clerks from amongst ex-servicemen through the District Soldiers, Sailors and Army Board, Delhi. Thereafter on 13/6/1977 therespondent was appointed by the appellant at its Lajpat Nagar Branch as a temporary cashier subject to the terms and conditions contained in the letter of appointment. The appointment was only for one day, i. e. , 14/6/1977. It is the case of the appellant that the respondent thereafter was appointed at different branches for another three days. The total period of service of the respondent with the appellant was from 14/6/1977 to 17/6/1977.

(2.) The appellant did not give any further employment to the respondent after 17/6/1977. Thereupon, at the instance of the respondent, an industrial dispute under Section 10 of the Industrial Disputes Act, 1947 was referred to the Industrial tribunal, New Delhi. The only term of reference was as follows:

(3.) The case of the appellant before the tribunal was that the respondent did not possess the requisite qualification as he had not passed matriculation examination or high school examination. It was contended that the respondent had misrepresented that he had passed the matriculation examination and was qualified to be appointed as a cash clerk.