T CHELLAM Vs. MANAGEMENT, PANDYAN GRAMA BANK AND PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This writ petition has been filed challenging the award of the second respondent Tribunal, dated 28.3.2002, made in I.D. No. 466 of 2001, and for a direction to the first respondent to reinstate the petitioner in service, with all consequential benefits, including backwages.

(2.) It has been stated that the petitioner was appointed as a Tiny Deposit Collector in the first respondent Bank, under the 'Nitham Valar Nithi Scheme', by an order of appointment, dated 14.12.1979, in accordance with the terms of the agreement made between the petitioner and the first respondent Bank, on commission basis. While so, the first respondent had issued a letter, dated 2.3.1995, against the opening of new accounts, if the deposit in the 'Nitham Valar Nithi Scheme' account in the first respondent Bank is less than rupees five lakhs. Accordingly, the first respondent had stopped assigning work to the petitioner and he was terminated from service, without giving any notice or reasons for such termination. Therefore, the action of the first respondent Bank in terminating the service of the petitioner is arbitrary and unreasonable.

(3.) The main contention of the learned Counsel appearing for the petitioner is that the second respondent Tribunal had erred in holding that the termination of the petitioner is justified, in spite of the finding that he was a workman and that there was violation of Section 25F of the Industrial Disputes Act, 1947. It has been further contended that the termination of the petitioner from service by the first respondent Bank, being arbitrary and illegal, ought to have been set aside by the second respondent Tribunal and the said Tribunal ought to have directed the first respondent Bank to reinstate the petitioner in service, with back wages and all other attendant benefits.