NARESH KUMAR BANSAL Vs. G S KALRA

JUDGEMENT

(1.) The petitioner has challenged the award of the Presiding Officer, Central Government, Industrial Tribunal, Delhi dated 4th February, 1988, whereby the Labour Court has rejected the claim of the workman/petitioner and has decided the reference against him. The services of the petitioner were terminated with effect from 27th July, 1972 by the respondent while working as Cashier-cum-Godown Keeper in Shahdara Branch. The Central Government made the following reference to the Labour Court.'-

(2.) . The main ground on the basis of which the petitioner had challenged the Award was that be was neither a member of the Central Bank Employees Union nor had he given any authority to the said Union or anybody else to reach settlement dated 1.6.1977 on his behalf and the settlement reached between the Central Government Industrial Tribunal and the Management is not binding on him. On the basis of the settlement. No Dispute Award was given on 29th December, 1977 in I.D.No.58/77, which did not bind him. He had also challenged the Award on merit that he was senior most employee out of the lot of temporary employees and his juniors have been reinstated. The most material point of controversy is when the petitioner was neither the member of the Central Bank Employees Union nor had he authorised the said Union to represent his case before the Centra] Government Industrial Tribunal and whether the said settelement not binding on him.

(3.) . The petition was admitted by this Court on 31st October, 1988. Inspite of the service nobody has come forward on behalf of the respondents to defend the case nor any counter affidavit has been filed. In the absence of the counter affidavit, the averments made by the petitioner has to be accepted as correct, as the averments remain unrebutted.