STATE BANK OF INDIA Vs. PHOOLCHAND SONKHARE

JUDGEMENT

(1.) The present intra-court appeal has been preferred under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam, 2005, being aggrieved by the order dated 29-01-2020 passed by the learned Single Judge in MP5609-2019, whereby the petition filed by the appellant-petitioner challenging the legality and validity of the order dated 8-03-2019 passed by the Central Government Industrial Tribunal-cum-Labour Court [hereinafter referred to as "the Tribunal"], whereby the respondent has been directed to be regularised in service from the date of passing of the award to the post of full-time sweeper.

(2.) The respondent-employee raised an industrial dispute claiming regularisation of his services in the appellant-Bank. A reference was made by the appropriate Government to the Tribunal for adjudication, which reads : "Whether the action of the management of the State Bank of India in not giving regular appointment to Shri Phoolchand Sonkhare, part-time Safai Karmchari as per Ministry of Finance Circular No.102/4/1/90 SCT(B), dated 16-4-1990 is legal and justified ? If not, to what relief the said workman is entitled for ?"

(3.) The respondent filed his statement of claim before the Tribunal pleading inter alia that he was engaged as Safai Karmchari in Kamla Nehru Nagar Branch, Jabalpur of the State Bank of India with effect from 17-5-1992 and his working has already been appreciated by the Bank officials. It was stated by him that he has worked for 240 days every year with effect from the date he was initially engaged and he is being paid a sum of Rs.650/- per month as salary. He claimed relief of regularisation in view of the Circulars dated 24-01-1984, 7-11-1984 and 18-02-1997.