BANK OF MAHARASHTRA Vs. CENTRAL COMMITTEE MEMBER

JUDGEMENT

(1.) The petitioner-Bank (hereinafter referred to as 'the second party') is before this Court seeking to quash the award dated 02.04.2012 in CR.No.21/2006 passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Bengaluru, vide Annexure-F and also sought for quashing of the Notification dated 24/26.04.2012 issued by the Government of India dated 02.04.2012 vide Annexure-E.

(2.) The respondent-workman Dinesh Chandra (hereinafter referred to as 'the first party') was represented by the respondent-Central Committee Member, Bank of Maharashtra Employees Union. According to him, he was illegally retrenched from the service in violation of Section 25F of the Industrial Disputes Act, 1947 (for short 'the Act'). He had approached the Government of India, Ministry of Labour, New Delhi, by filing an application seeking reference and the said application was considered by the Government of India and vide its order dated 17.05.2006 referred the case of the first party for adjudication to the Central Government Industrial Tribunal-cum-Labour Court (for short 'the Tribunal), Bengaluru.

(3.) It was the case of the first party that he was employed by the second party at Udupi Branch as sub-staff on temporary basis w.e.f. 08.09.2003 against a permanent vacancy after following the process of selection. He worked to the satisfaction of the second party as whole time worker and he was paid Rs.100/- per day. He had worked continuously including General Holidays and Festival Holidays for 302 days between 08.09.2003 and 05.07.2004. In view of continuous length of service of 302 days, he is entitled for the benefit of Section 25F of the Act. Without there being compliance of the said provision, the first party has been retrenched from services. Hence, he filed a petition before the Government of India, Ministry of Labour, New Delhi, and the petition was adjudicated by reference to the Labour Court, Bengaluru. The Labour Court, vide order dated 02.04.2012 passed an award directing the second party by holding that the action of the Management of Bank of Maharashtra in terminating the services of first party from 10.07.2004 is not justified and has committed unfair labour practice as per Clause X Schedule V of the Act and further directed the second party to reinstate the first party with 40% of the back wages w.e.f. 11.07.2004 till actual reinstatement for all the working days and to give the benefit of continuity of service and if the second party fails to comply with the award within 30 days from the date of notification, arrears of wages payable to the first party shall carry interest @ Rs.10% per annum. Aggrieved by the said order, the second party has filed the present petition.