STATE BANK OF INDORE Vs. RASHTRIYA MAZDOOR SENA

JUDGEMENT

(1.) HEARD the learned Advocates for the parties. Perused the records.

(2.) THE petitioners are challenging the Award dated 10-6-1999, passed by the Central Government Industrial Tribunal, Mumbai, allowing the reference and declaring the action of the management in terminating the services of one Damodar Sadashiv Rao, Agra to be illegal and further directing his reinstatement in the services with continuity and payment of full back wages with effect from 22-2-1997.

(3.) THE impugned Award is sought to be challenged mainly on the ground that the voluminous documentary evidence produced by the petitioners was not at all considered by the Tribunal and the documentary evidence which is produced by the respondents themselves disclose that Damodar was not the workman within the meaning of the said expression under the Industrial disputes Act, 1947, hereinafter called as "the said Act", and therefore the impugned order is illegal and needs to be set aside. Reliance is placed in the decisions in the matters of (State of Haryana and others v. Piara Singh and others), reported in 1993 (II) L. L. J. 937, (Ashwani Kumar and others v. State of bihar and others), reported in 1997 (II) L. L. J. 856 and (Himanshu Kumar vidyarthi and others v. State of Bihar and others), 1997 (2) L. L. N. 982. On the other hand, the Award is sought to be justified contending that the Tribunal has analysed the evidence on record in proper perspective and therefore the findings arrived at cannot be found fault with and hence there is no case for interference in the impugned Award in writ jurisdiction.