ZONAL MANAGER, UCO BANK Vs. GENERAL SECRETARY

JUDGEMENT

(1.) With consent of learned counsel for the parties, the matter is finally heard.

(2.) Award-dated 15.2016 passed by Central Government Industrial Tribunal-cum-Labour Court, Jabalpur (referred to as 'CGIT') has been assailed by the petitioner/management; whereby, the CGIT, in seisin with the industrial dispute as to whether the action of management of the petitioner in terminating the services of Shri Shantilal Guldekar (hereinafter referred to as 'workman') w.e.f. 28.7.2002 is legal and justified, has held it to be unjustified and illegal, and directed for reinstatement of workman with full back wages. Evidently, the CGIT found fault with the termination as the same was without following the stipulation contained under Sec. 25F of the Industrial Disputes Act, 1947 (for short '1947 Act').

(3.) The CGIT as is evident from the findings has taken note of documents (Exhibit W-3 and W-4) which relate to Payment of Bonus to arrive at a finding as to the working days of the workman that he worked for 37 days in 1991-92, 52 days in 1994-95, 120 days in 1996 and 143 days in 1997. The alleged termination was on 28.7.2002. The dispute was referred as per order-dated 9.10.2006. The CGIT drew adverse inference for the period from 1997 to 2002 that the Management did not explain as to what happened to the documents about payment of wages to the workman during 12 months preceding termination of service and construed that the workman has worked for more than 240 days preceding 12 calendar months from the date of his termination. Paragraph 10 of the Award contained such finding :-