STATE BANK OF INDIA Vs. RANBIR SINGH

JUDGEMENT

(1.) This is an application filed by the respondent workman for grant of wages under Section 17-B of the Industrial Disputes Act. The petitioner has filed the present petition under Article 226 and 227 of the Constitution of India seeking issuance of writ or direction for quashing of award/order dated 6.5.2008 of the Presiding Officer of the Central Government Industrial Tribunal Cum Labour Court-II in I.D. No. 165/1998.

(2.) By the impugned award, directions were issued to the petitioner bank to reinstate the workman with effect from 8.3.1997 along with 25% back wages within two months from the date of publication of the award. At the time of issuance of notice in the writ petition, this Court in CM No. 11050/2008 passed the interim order on 8.9.2008, subject to the petitioner depositing with the Registrar General of this Court by pay order/demand draft the amount awarded in the impugned award dated 6.5.2008. The effect and operation of the impugned award was ordered to be stayed. The case of the respondent is that the respondent was recruited as Messenger cum Water Boy on 10.4.1993 at Punjabi Bagh Branch, State Bank of India of the Management. He worked with the petitioner continuously upto 8.3.1997. Thereafter, his services were terminated by the bank without any reason.

(3.) As per award dated 6.5.1998 it was held that the respondent has worked continuously for 240 days every year i.e. for the past about four years i.e. from 10.4.1993 to 8.3.1997 and therefore, he was entitled to reinstatement with 25% back wages. The contention of the respondent is that he is from weaker section of the society and unemployed at present. His family consists of his wife who is unemployed and two minor school going children. Thus, he is facing the financial hardship. He is seeking the payment of full wages at par with the regular employees currently employees under the same category. It is submitted by him that at present Messenger cum Water Boys at the petitioner bank as per the salary slip of August 2008 were drawing a basic pay of Rs. 5655/- and other allowances.