LAWS(BOM)-2008-10-135

BANK OF INDIA WORKERS Vs. BANK OF INDIA

Decided On October 01, 2008
BANK OF INDIA WORKERS Appellant
V/S
BANK OF INDIA Respondents

JUDGEMENT

(1.) The employee working as Driver on a car belonging to respondent No. 1 has filed this writ petition under Articles 226 and 227 of the Constitution of India, challenging the Award dated 5.2.2002 delivered by Central Government Industrial Tribunal, Nagpur, in Reference No. C.G.I.T. No. 24 of 1999. According to him, he was appointed as Driver-cum-Sepoy in the proposed regional office of Bank of India at Kamptee on 22.9.1990 and when that office came to be abolished on 31.5.1993, he was not accommodated/absorbed elsewhere like other bank employees. He, therefore, complained of termination in violation of section 25-F of Industrial Disputes Act, 1947. After conciliation and failure report, the reference was made by Union of India as contemplated by sections 10(1) and 10-2(A) of Industrial Disputes Act, 1947, on 25.8.1994, which read as under:

(2.) The parties led evidence and after appreciation thereof, the Presiding Officer found that there was no evidence on record to show that the petitioner was appointed as Driver-cum-Sepoy by bank and his termination was, therefore, not established. It also found that there was no record to show that he was regular employee of the bank. In view of these findings, as he was not entitled to any relief and therefore, it answered the reference in the negative. It is against this award, the present writ petition has been filed.

(3.) I have heard Shri Deo, learned Counsel for the petitioner, Shri Jaiswal, learned Counsel for respondent No. 1 and Shri Patel, A.G.P. for respondent No. 2.