MANAGER STATE BANK OF BIKANER AND JAIPUR Vs. PRESIDING OFFICER CENTRAL GOVT. INDUSTRIAL TRIBUNALANDORS

JUDGEMENT

(1.) Writ Petition No.4682 of 2011 has been filed against the award of the Central Government Industrial Tribunal-cum-Labour Court. The respondent nos.2 and 3, who are petitioners in Writ Petition No.37335 of 2011 had raised an industrial dispute and a Reference was made by the relevant Government on 23/24 June 1999 which was to the following effect :-

(2.) Respondent no.2 had come up with a case that he was engaged with the petitioner-Bank on 21.11.1983 as a temporary Clerk-cum-Cashier and was thereafter disengaged from service on 8.2.1984. The respondent no.3 also had a similar case and he stated that he was engaged on 21.3.1983 as a temporary Clerk and was disengaged on 8.6.1983. The respondent nos.2 and 3 had come up with a case that they were entitled to be absorbed as regular employees. They had taken a case that when they were retrenched they were not the junior most temporary employees in the organization, meaning thereby their services were done away with in violation of the provisions of Section 25G of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Central Act'); and it was stated after they were removed, fresh hands were recruited in violation of the provisions of section 25H of the Central Act. It was stated that these actions of the employer were in violation of the SASTRY Award and the bipartite agreement between the bank and Workers' Union. The petitioner-Bank had opposed the claim of the respondent nos.2 and 3 before the Tribunal.

(3.) However, the Tribunal, before which pleadings were filed and oral evidence were led, on 15.7.2010 passed an award by which the respondent nos. 2 and 3 were reinstated but without back-wages.