DHARAMVEER Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) DHARAMVEER who was employed as temporary Peon-cum-Messenger with Oriental bank of Commerce has filed this writ petition feeling aggrieved by the award dated July 27, 2006 passed by the Central Government industrial Tribunal-cum-Labour Court No. II, in I. D. No. 157/1999. The question which fell for adjudication of the Industrial Tribunal was "whether the action of the Management of the Oriental Bank of commerce in terminating the services of dharamveer as temporary Peon-cum-Messenger with effect from December 25, 1997 was just, fair and legal" If not, what relief was he entitled to and from what date?

(2.) THE case set up by the workman was that he was employed as a casual labourer/daily rated employee and has worked for more than 240 days, to be precise, 635 days till December 25, 1997. Therefore, it was claimed that he was entitled to the benefit of Section 25 of the industrial Disputes Act, which requires giving of one month's notice before his services were terminated.

(3.) THE Bank's case, on the other hand, was that the petitioner was being engaged for a short period as per the requirement of the Bank and, therefore, his engagement was need based.