STANDARD CHARTERED BANK Vs. VANDANA JOSHI

JUDGEMENT

(1.) The challenge in these proceedings is to an award of the Central Government Industrial Tribunal dated 22nd January, 2009. The Petitioner has been directed to reinstate the first respondent with full backwages and continuity of service. The issue upon which the outcome of these proceedings turns is whether the first respondent was a workman within the meaning of section 2(s) of the Industrial Disputes Act, 1947. The Tribunal held that the first respondent was a workman and that the termination of service was not lawful.

(2.) The first respondent was appointed by the Petitioner as a Personal Financial Consultant on 2nd May, 2006. The letter of appointment stipulated that the first respondent was being placed in the management cadre of the Petitioner at Band 8 B. The addendum to the letter of appointment contained a declaration that the first respondent had read and accepted the terms and conditions of appointment. During the course of the evidence before the Industrial Tribunal, the documents produced by the first respondent were taken on the record and marked as Exhibit 18. Among the documents was the letter of appointment, the addendum and a document showing the job description and key responsibilities. Under the head "Job role" the duties expected of the first respondent included "achieving allocated business targets, ensuring high quality customer service, ensuring external and internal compliance on all branch transactions, handling difficult customer situations and contributing to the overall achievement of business growth". The "Key responsibilities" were the following :

(3.) The services of the first respondent were terminated on 23rd June, 2006. Prior to the order of termination certain e mails were addressed to the first respondent pointing out deficiencies in her performance of duties. The first respondent by a letter dated 25th June, 2006 admitted the receipt of the memos that were issued to her and placed her version on the record. Be that as it may, on the termination of the services of the first respondent, a reference to adjudication was sought to the Industrial Tribunal under section 10 of the Industrial Disputes Act, 1947.