DENA BANK Vs. ASHRAF YUNUS SHAIKH

JUDGEMENT

(1.) Both these cross Petitions filed by the Management as well as the workman against the self-same award dated 14th December 2007 in Reference No. CGIT-2/68 of 2001 can be disposed of together.

(2.) Briefly stated, the case of the workman is that he joined Dena Bank having Branch at Chinchani Village as a Sepoy on 8th September 1986. He was asked to work as a temporary Sepoy employed by the said Chinchani Branch. It is his case that at the relevant time, there were two Sepoys employed at the said Branch. He asserts that he was doing the job sincerely, honestly and diligently to the utmost satisfaction of his superiors till 1998. However, without confirming him in the employment, he was asked not to report on duty from 1998. In this backdrop, the complaint was made, as a result of which, the Government of India, Ministry of Labour by its order No. L-12012/17/2001-IR(B-II) dated 10th May 2001 in exercise of powers conferred by Clause (d) of Sub-section (1) and Sub-section (2)(A) of Section 10 of the Industrial Disputes Act, 1947 referred the dispute to the Central Government Industrial Tribunal. The reference reads thus:

(3.) The Management contested the claim of the workman that he worked for more than 240 days continuously in each year between 1986 to 1998. The Management asserted that there was no question of termination of the workman who was working only on temporary basis subject to availability of work. He was never made permanent. Since he was engaged purely on temporary basis, he worked as a casual worker and cannot seek permanency. Even though he was appointed as sub-staff, he was not empaneled nor was taken against sub-staff permanent vacancy. He was not sponsored by Employment Exchange nor he came through the Employment Exchange. In substance, the stand of the Management was that the concerned workman was not entitled for any relief whatsoever. On the basis of stand taken by the respective parties, the Industrial Tribunal framed as many as six issues, which read thus: