ANZ GRINDLAYS BANK Vs. RAMBHUVAN R KAHAR

JUDGEMENT

(1.) THIS petition filed by the ANZ Grindlays Bank, Bombay impugnes the correctness and legality of the order dated 9. 1. 1996 passed by the learned Presiding Officer, Central Government Industrial Tribunal 11, holding that the order of retrenchment dated 10. 5. 1994 passed by the Bank against one Rambhuvan R. Kahar who was employed by the petitioner, as sweeper, is bad in law and the Bank was directed to reinstate the sweeper original complainant, with full back wages, continuity of service and other consequential benefits.

(2.) THE respondent no. 1 who was engaged as temporary sweeper in the Bank, filed a complaint under the provisions of section 33a of the Industrial Disputes Act and contended that the Bank has committed breach of the provisions of law prohibiting the Bank to change of service conditions during the pendency of the reference. It is an admitted position that a reference is made in respect of about 43 workmen employed by the Bank and the main issue was regarding regularisation of their services from temporary to permanent nature with the Bank. It is further an agreed position that during the pendency of the aforesaid reference, the services of the respondent no. 1 - workman came to be terminated by the Bank. It is also an agreed position that he was paid retrenchment compensation as required under the provisions of section 25f of the Industrial Disputes Act.

(3.) THE learned Presiding Officer, after having gone through the evidence recorded and the facts and circumstances of the case, held that the Bank has committed breach of section 33 (1) (a) of the Industrial Disputes Act. In view of the judgment reported in 1977 LIC 834 The Bhavnagar Municipality v. Alibhai Karimbhai and Others, we are of the opinion that the learned Presiding Officer was right 'in his conclusion that there has been breach of the provisions of section 33 (1) (a) of the Industrial Disputes Act.