SENIOR MANAGER (P), UNION BANK OF INDIA, REGIONAL OFFICE Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL, TRIBUNAL CUM LABOUR COURT, CHENNAI

JUDGEMENT

(1.) The petitioner has approached this Court, seeking the following relief:

(2.) The second respondent employee joined the petitioner bank as Casual sub-staff on daily wage basis on 30.10.1998. Initially, she was paid Rs.50/- per day which was subsequently increased to Rs.60/- which was the last drawn wages. The service of the second respondent was utilized by the petitioner bank at their Besant Nagar Branch both as Sweeper and Scavenger on part time basis. According to the petitioner, her services were continued from 30.10.1998 onwards till 29.1.2002 with few artificial breaks in service. On 29.1.2012 when the second respondent was terminated by the Branch Manager of the petitioner bank on the basis of oral instructions, the bank did not comply with the mandatory provision of Section 25(F) of the Industrial Disputes Act, 1947 (hereinafter referred to 'the Act'). Therefore, the second respondent employee raised an industrial dispute under Section 2(A) of the Act, challenging her termination. The said dispute was referred to before the first respondent Industrial Tribunal-cum-Labour Court, Chennai by the Central Government, Ministry of Labour vide Order dated 13.6.2003. After reference, a claim statement was filed on behalf of the second respondent before the first respondent Tribunal in I.D.No.119 of 2003. In response to the claim statement, the petitioner bank also filed a counter statement.

(3.) In the proceedings before the first respondent Industrial Tribunal-cum-Labour Court, the employee examined herself as WW1 and gave evidence about nature of work performed by her and the number of days she worked in Besant Nagar Branch of the petitioner bank. On behalf of the petitioner bank, one Management witness (MW.1) was examined. Several documents were marked both on behalf of the employee and the Management.