MADHYA PRADESH BANK KARMACHARI SANGH Vs. SYNDICATE BANK

JUDGEMENT

(1.) THIS order shall dispose of two writ petitions, namely Madhya Pradesh Karmachari Sangh v. Syndicate Bank, M. P. No. 132/1988: and Gajra Raja Medical College v. Bhishm Kumar Lalwani, M. P, No. 1375/1988, as the questions of law in both the cases are similar. In both the cases the employees want to take benefit of non compliance of the provisions of Section 25-F of the Industrial Disputes Act. 1947. (hereinafter referred to as the 'act'), while the employer wants to get out of this provision by placing reliance on the provision of Section 2 (oo) (bb) of the Act.

(2.) BEFORE noticing these contentions the facts in each of the writ petitions be noticed. The facts in writ petition No. 135/88, namely, Madhya Pradesh Bank Karmachari Sangh v. Syndicate Bank, are as under:-The M. P. Bank Karmachari Sangh has preferred this petition on behalf of one of its members, namely, Shri Narendra Gupta, hereinafter referred to as the 'workman'. According to the petitioner-Union, the aforementioned workman had completed more than 40 days of service in a calendar year with the respondent Bank, hereinafter referred to as the 'employer'. It is stated that his services were terminated without complying with the provisions of Section 25-F of the Act.

(3.) THE requisite averment with regard to completion of 240 days in one calendar year had been made in Para 2 of the petition. For facility of reference this para is reproduced below :-" that, since Shri Narendra Gupta has worked for more than 240 days in the year 1985, 1986 and 1987. According to the law laid down by their Lordships of the Supreme Court in the case of Digwadih Colliery v. Workmen (1964-II-LLJ-143) service for 240 days in a period of 12 calendar months is equal not only to service for a year but is to be deemed continuous service even if interrupted", under Section 25-B of the Industrial Disputes Act, 1947. "