STANDARD CHARTERED BANK LTD Vs. SUDHAKAR D KHANVIKAR

JUDGEMENT

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

(2.) THE Industrial Tribunal by the impugned order has directed the reinstatement of the respondent No. 1 as the material placed on record by the respondent No. 1 disclosed that he worked continuously for more than 240 days in a year preceding to the date of termination of his services and that he was engaged for doing the work of perennial nature. Drawing attention to the decision of the Apex Court in (Mahatma Phule Agricultural University and others v. Nasik Zilla Sheth Kamgar Union and others), reported in 2001 (7) S. C. C. 346 it was sought to be contended that mere continuation of 240 days of continuous service was not sufficient for the grant of relief of reinstatement with continuity of service. Undoubtedly, there cannot be quarrel on the proposition of law canvassed on behalf of the respondent No. 1. However, in the case in hand, the respondent No. 1 has produced evidence in the form of affidavit disclosing the fact that he was doing the work of the perennial nature and he had completed 240 days of his continuous service during the year preceding the date of termination of his service and all these facts were neither denied nor challenged by the petitioner. No evidence of whatsoever was produced by the petitioner. Being so, the Tribunal had no option but to grant relief based on the facts established before it. Being so, the decision of the Apex Court is of no help to the petitioner to warrant interference with the impugned order in writ jurisdiction. There is no illegality committed by the Tribunal while granting reinstatement with continuity of service and full backwages. Hence, the petition fails and is accordingly rejected. Appeals dismissed.