UNION BANK OF INDIA Vs. MOHD.TASLEEM

JUDGEMENT

(1.) Present petition has been filed assailing the impugned award dtd. 12/4/2022 passed in ID No. 73/2007 passed by the CGIT II, Rouse Avenue Court Complex, Delhi.

(2.) Facts, in brief, are that an industrial dispute was raised by the respondent, which was referred to the Tribunal by the appropriate authority. The claim statement was filed by the respondent/workman stating therein that he was working as a peon/messenger since 2/1/1998 with the petitioner/Bank in its branch at Chamba in the district of Tehri on daily wage basis. However, the petitioner/Bank suddenly terminated his service on 15/12/2004 without any notice, notice pay or payment of termination compensation. It was alleged that the action of the management Bank was in complete violation of the provisions of the Sec. 25F of the Industrial Disputes Act, 1947 as he had worked continuously for the petitioner/Bank and had also worked for 240 days or more in the calendar year preceding to his termination. The petitioner/Bank in the written statement denied the existence of any employer-employee relationship. It was stated that in order to provide better customer service, the petitioner/Bank would sometime engage casual worker for short terms and make payment of wage to those persons working intermittently through payment vouchers. It was denied that the respondent/workman had worked continuously for the petitioner/Bank from 1998 to 2004. The plea of the management Bank was that the workman had worked for the management Bank for the period from March 2003 to December 2004, i.e, only 84 days. Existence of any industrial dispute was also denied by the petitioner/Bank.

(3.) The Central Government Industrial Tribunal after taking the proceedings inter alia held as under:-