ALLAHABAD BANK Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNALCUMLABOUR COURT

JUDGEMENT

(1.) Present petition has been filed by the petitioner-Allahabad Bank Kidwai Nagar Branch Kanpur for the relief of quashing the notification dated January 29, 1988 by which the Government of India, Ministry of Labour had referred the dispute of respondents 2 to 5 as a composite reference to the Labour Court vide notification dated January 29, 1988.

(2.) The employer-petitioner, namely, Allahabad Bank has canvassed the validity of the said notification on the premises that all the persons mentioned in the reference although were the employees of Allahabad Bank, were serving in different branches and the period of cause of action i.e. the date of termination in each case was distinct from each other. The learned counsel for the petitioner canvassed that since all the persons specified in the notification making reference to the Labour Court, were terminated by the different branches of Allahabad Bank in which they were serving and on different dates and therefore, this composite reference for different periods of termination was not sustainable in law and the order of reference issued by the Ministry of Labour, Government of India is liable to be quashed.

(3.) The learned counsel appearing for the respondent-workmen, in opposition, contended that all the workmen were class IV employees; that though they were working in Allahabad Bank in the different branches but their service conditions were subject to one Rules, Regulations and policy decision adopted by the Allahabad Bank and that the composite reference made by the Ministry of Labour, Government of India conforms to the policy decision of the Allahabad Bank and by this reckoning, the composite reference made has the approbation of Rule 2-A read with Section 10 of the Industrial Disputes Act. He further contended that the petitioner is employing dilatory tactics ostensibly to protract the adjudication of illegal order of termination.