STATE BANK OF INDIA Vs. SBI WORKMEN UNION

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India challenge is made to the award dated 16/4/2012 passed by the Central Government Industrial Tribunal Cum Labour Court, Jabalpur in reference case No.CGIT/LC/R/48/99. By the aforesaid award the dispute referred to the Tribunal for adjudication is to the following effect:-

(2.) Facts necessary for disposal of this petition are to the effect that consequent upon failure of conciliation proceedings dispute as aforesaid was referred to the CGIT cum Labour Court, Jabalpur for adjudication on merits. Workmen filed statement of claim. As four persons, namely, Santosh Kumar, Roop Kishore, Bhagwan Das and Kashiram Shivhare have been awarded their claims, therefore, pleadings in the context of these four persons are relevant for the purpose of this petition.

(3.) All the aforesaid workmen have submitted that they have worked more than 240 days in a calender year. As such, arbitrary termination of their employment under such circumstances amounts to retrenchment, since no retrenchment compensation has been paid, as provided for under Section 25-F of the Industrial Disputes Act, the same is illegal and void ab initio. That apart, it is also submitted that the nature of work being done by the workmen was perennial in nature, however, despite availability of work, workmen have been terminated though they ought to have been regularized. With the aforesaid pleadings, workmen claimed for setting aside of their termination and reinstatement in service.