VIJAYA BANK WORKERS UNION Vs. PRESIDING OFFICER THE CENTRAL GOVT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

JUDGEMENT

(1.) THIS writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records relating to I.D.No.26 of 2000 including the award dated 17.1.2001 and to quash the same. Heard both sides. The petitioner is a trade union. They have come forward to challenge the Award passed by the first respondent Central Government Industrial Tribunal-cum- Labour Court (for short CGIT) made in I.D.No.26 of 2000, dated 17.1.2001.

(2.) BY the impugned Award, the CGIT rejected the claim put forth by the union regarding the action of the management in not considering part time sweepers for permanent part time sweepers is justified. The writ petition was admitted on 27.4.2001. Pending the writ petition, this court granted an interim stay against the operation of the Award. Subsequently, on 9.9.2003, the interim stay was made absolute.

(3.) IN the counter statement it was stated that the workmen had worked only for limited number of days on rotational basis. They had not worked beyond 240 days. It was also stated that the post in question is to be filled up on the basis of State-Wide roster. The present vacancy comes under OBC category and the branch had placed an indent with employment exchange to send names for filling up the vacancy. The workmen are not eligible for any relief claimed by them. It was also claimed that when he earlier addressed a letter to the employment exchange on 3.12.1996, it was only temporary post of part time sweepers. Then, it was reserved for SC category. There is no requirement that employees who are working for 90 days should be absorbed.