EMPLOYER IN RELATION TO MANAGEMENT OF CENTRAL BANK OF INDIA KANPUR Vs. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT KANPUR

JUDGEMENT

(1.) THIS writ petition is directed against the award of the Central Government Industrial Tribunal -cum -Labour Court, Kanpur (in short 'Tribunal') dated 19th April, 1985 passed by the Respondent No. 1 in I.D. Case Nos. 85 of 1983 and 88 of 1983, copy whereof has been annexed Annexure -'C' to the writ petition.

(2.) THE following disputes were referred to the 'Tribunal' by the Central Government, Ministry of Labour for adjudication vide orders dated 19th December, 1982 and 26th March, 1982, which are reproduced below:

(3.) PURSUANCE to the issuance of the notice, the workmen as well as the employer have exchanged their written statements and rejoinder affidavits. The 'Tribunal' after permitting the parties to adduce such evidence, which they want to adduce, has examined the pleadings and evidences aforesaid and found that in view of the circular issued by the Bank himself, the action of the bank in not permitting these workmen to complete their 240 days of services, whereas the persons who were appointed subsequent to these workmen, were allowed to work for 240 days and thus, not absorbing these workmen on regular side and terminating their services with effect from the year 1976 is malafide on the part of the Bank management and amounts to unfair labour practice.