MANAGEMENT OF UCO BANK Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This writ appeal by the management of UCO Bank is directed against the Judgment dated 2.9.2005 passed by the Learned Single Judge in O.J.C. No. 6932 of 1995, confirming the Judgment and award passed by the Industrial Tribunal, Bhubaneswar, in I.D. Case No. 40 of 1991 (Central), excepting in respect of the three workmen at S1. Nos. 8,10 and 18, namely, G.P. Dash, Chandramani Prusty and C.C. Das and accordingly setting aside the award in respect of the said three workmen.

(2.) The Government of India in the Ministry of Labour, in exercise of powers conferred under Section 10(1)(d) of the Industrial Disputes Act, 1947(I.D. Act for short), referred the following points of dispute to the Industrial Tribunal, Orissa, Bhubaneswar, for adjudication:

(3.) The case of the workmen before the Industrial Tribunal was that they were engaged in different branches of the Bank in the State of Orissa as casual workmen against the permanent vacancies on daily wage of Rs. 8 to Rs. 10 and in spite of the fact that each of them worked for more than 240 days in several calendar years, they were not regularized in service. Apart from the workmen involved in this dispute, several other workers were also engaged in different branches of the Bank and therefore, their Association took up the cause and requested the management for regularizing their service and pay them the amount equal to the amount paid to their counter parts working in, the regular establishment. When the management did not take any action, a dispute was raised before the Assistant Labour Commissioner (Central), Bhubaneswar. The conciliation proceeding taken up by the Assistant Labour Commissioner failed and a failure report was submitted to the Central Government. The Central Government thereafter made a reference to the Tribunal, as detailed above, for adjudication.