LAWS(BOM)-2007-2-134

PRAKASH PANDURANG SAWANT Vs. PUNJAB AND SIND BANK

Decided On February 23, 2007
PRAKASH PANDURANG SAWANT Appellant
V/S
PUNJAB AND SIND BANK Respondents

JUDGEMENT

(1.) In this batch of writ petitions under Article 226 of the Constitution, the workmen have questioned an award of the Central Government Industrial Tribunal on a reference to adjudication under Section 10 of the Industrial Disputes Act, 1947. Before the Court both counsel appearing for the Petitioners and counsel appearing for the management of the Respondent Bank have urged submissions in Writ Petition 2348 of 2006 as the lead petition. The learned counsel are agreed that the facts of that Writ Petition are representative in nature to cover the cases of all the workmen involved in this batch. The awards of the Tribunal are pari materia and since common questions of law have been urged in the entire batch of petitions, the petitions are, by consent being disposed of together.

(2.) Prakash Pandurang Sawant, the Petitioner before the Court in Writ Petition 2348 of 2006 was employed as a Peon on a temporary basis by the First Respondent. The initial date of appointment was 10th June, 1985. Each of the appointments of the workman was for a specified period, on a specific designation in a specified branch of Punjab and Sind Bank at Mumbai. The workman in question worked at Thane, Opera House, Vikhroli, Pedder Road, Khalsa College, Bhandup and Thane during the period of his temporary engagement. The services of the workman were last engaged at the Bhandup Branch between December 1994 and 12th March, 1995 on which date the appointment which was for a specified period came to an end. The same pattern, it is undisputed before the Court, was followed in the case of the other five workmen who have moved the Court in the companion petitions. Each of the workmen was engaged under letters of appointment which were for a specified period, on a designated job and at a specified branch of the Bank in the city of Mumbai. All the workmen were engaged as Peons on a temporary basis, for a specified period at the branches of the Bank in the city. According to the Bank their services were required either for filling up leave vacancies or for carrying out work of a temporary nature such as voucher stitching and record sorting in the event that permanent employees were unable to cater to the work load.

(3.) The First Respondent is a nationalized bank, having been acquired by the Central Government under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Amongst the sub-ordinate staff of the Bank there are four classes of employees : permanent, probationary, temporary and part-time employees who are governed by Clause 508 of the Shastri award. The sub-ordinate staff in nationalized banks came to be known as award staff. During the period under reference, the recruitment of sub-ordinate staff was being made by the Banking Service Regulation Board (BSRB). The appointments were made in accordance with the norms laid down by the Government of India which inter alia provided for reservation for various categories including the Scheduled Castes and Scheduled Tribes. The rules of recruitment are stated to have prescribed the criteria in regard to age and educational qualification in accordance with the guidelines of the Bureau of the Public Enterprises of the Government of India. Rules were framed in exercise of the powers conferred by Section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. According to the Bank the recruitment of sub-ordinate staff was carried out on a zonal basis. Preference being given to candidates in the State where the branch was located. All appointments to permanent vacancies were required to be advertised and a regular mode of selection was provided for carrying out recruitments.