INDIAN BANK Vs. WORKMEN

JUDGEMENT

(1.) Indian Bank, one of the Nationalised Banks, files this writ petition to set aside the award in I.D.No.25/77 passed by Industrial Tribunal, Madras on 3.12.1979. A reference was made to it under section 10(a)(d) of Industrial Disputes Act by the Government of India in its order dated 21.4.77, in respect of two issues mentioned therein. The issue which is involved in this writ petition is as follows: -Whether the action of the management of the Indian Bank, Madras in denying to Appraisers, wages and other conditions of service applicable to regular clerical- Award Staff - of the Rank is justified" If not, to what relief are the workmen concerned entitled"-

(2.) Petitioner-Bank (hereinafter referred to as Bank) engaged the services of Appraisers for the purpose of weighing and assessing the value and to verify the quality of the gold jewels or ornaments at its various branches for granting jewel loans to its customers. According to the Bank, they are only independant contractors and styled as professionals, who were engaged for a very limited purpose, and their services were utilised based 6n contracts of service, and that the terms contained therein alone are binding between the parties.

(3.) First respondent contended that the nature of duties discharged by Appraisers and the relationship between the Bank and the concerned Appraisers was that of employer and workmen, and hence, they are entitled to the same benefits as any other workmen in the Bank.