CENTRAL BANK OF INDIA Vs. SANJAY SUTRADHAR

JUDGEMENT

(1.) The present Writ Petition has been filed challenging the Award, dtd. 11/11/2019 passed by the learned Central Government Industrial Tribunal, Kolkata.

(2.) Records would reveal that a conciliation proceeding was initiated in connection with refusal of employment of the Respondent No.1 and his claim for reinstatement. It had been the contention of the Respondent No.1 that despite having rendered 22 years of service with the Central Bank, the petitioner herein, with effect from 1/1/1986, all on a sudden on the basis of a verbal order of the Chief Manager of the Petitioner, the Respondent No.1's service was terminated. It is in this connection that the conciliation proceeding was initiated. The Petitioner had participated on the said conciliation proceeding. The conciliation having failed the appropriate Government by an Order, dtd. 24/9/2010 was, inter alia, pleased to refer the dispute between the parties for adjudication to the Central Government Industrial Tribunal-cum-Labour Court, Kolkata, in exercise of powers conferred by Clause (d) of sub-sec. (1) and subsec. (2-A) of Sec. 10 of the Industrial Disputes Act (in short the said Act) by framing of following issues:

(3.) Pursuant to the aforesaid, both the Petitioner and also the Respondent No.1 and the concerned Union participated in the reference. A Claim Petition was filed by the Petitioner before the learned Central Government Industrial Tribunal (hereinafter refer to as the Tribunal). The Petitioner had also filed a Written Statement, inter alia, claiming that the Respondent No.1 was engaged for providing service as an outside service provider and that he was collecting his money (Commission), in lieu of such service provided to the customers and was also paid nominal charges for cleaning the PC's and intercom of the Branch. According to the Petitioner, the Respondent No.1 was not appointed as a Bank Staff by following the procedure for appointment of a staff nor was he ever appointed as, or worked as a casual Worker.