LAWS(GJH)-2017-4-469

MANAGING DIRECTOR STATE BANK OF SAURASHTRA Vs. BHAVNAGAR JILLA MAZDOOR SANGH C/O. MANIBHAI GANDHI AND 2

Decided On April 21, 2017
Managing Director State Bank Of Saurashtra Appellant
V/S
Bhavnagar Jilla Mazdoor Sangh C/O. Manibhai Gandhi And 2 Respondents

JUDGEMENT

(1.) This challenge is made by the petitioner State Bank of Saurashtra, which is now merged into the State Bank of India, under Article 226 of the Constitution of India, to the award passed by the Industrial Tribunal, Bhavnagar ("the Tribunal" for short) in Reference I.T.C(New) No.5 of 2009, whereby the Tribunal has declared three employees of the State Bank of Saurashtra as the employees of the State Bank of India, Bhavnagar and granted all benefits.

(2.) The facts in capsulized form are as follows:-

(3.) The Union has filed the statement of claim. It was contended that the petitioner Bank, as per its policy and rules published in the Bank for welfare activity of its employees, started a store exclusively for the benefit of Bank employees. The Managing Director of the Bank is the Chairman of respondent No.2Store and the Manager or the Accountant of the Store is appointed by the petitioner Bank. The salary is to be paid to the Manager and Accountant as the employee of respondent No.2 Stores. The land, building, furniture and fixtures as well as stationary are all provided by the petitioner Bank itself. It was conducting audit of the Books of Accounts of the Store employees. It was also further contended that one of the workman, namely, Shri Kishorbhai C. Sheth was absorbed in the Bank in the year 1984. One Smt.Pravinaben widow of Shri Suresh V. Shah, an employee of the Stores was appointed on compassionate ground by the petitioner Bank along the line of other regular employees. Thus, the petitioner Bank and respondent No.2Store are separate and distinct. It is also further contended that the Petitioner Bank had also absorbed the employees of canteen at its Head Office as regular employee of the Bank.