ALLAHABAD BANK Vs. SRIKANTA PRADHAN

JUDGEMENT

(1.) This writ petition has been filed by the management-Allahabad Bank praying therein:

(2.) Brief facts of the case of the petitioner as per the pleadings made in the writ petition is that the Government of India being the appropriate Government had referred the industrial dispute existing between the opposite party-workman in relation to the Management of Allahabad Bank at its Sunabeda Branch, Sunabeda, Koraput in exercise of powers conferred by clause(d) of Sub-section(1) and sub-section(2A) of Sec. 10 of the Industrial Disputes Act,1947 vide its letter dated 11.11.2011 making the following reference:

(3.) In pursuance to such reference I.D.Case No.59 of 2011 was registered by the Central Government Industrial Tribunal-cum-Labour Court, Bhubaneswar. The parties have appeared. The workman has pleaded by filing written statement that he was engaged as part-time sweeper in Sunabeda Branch during month of September,2004 with wage of Rs.20.00 per day, accordingly he had started discharging duties and received wages from the bank. In course of engagement as Part-time Sweeper/Messenger from the year 2004 to 2008 he was maintaining/updating cash scroll, cash books, local cheque book(LC) and outstation cheque(OSC) books of the management bank. He had continuously worked there and while he was working the Chief Manager of the Management bank at Bhubaneswar vide letter dated 14.5.2007 had issued to the Sr. Manager of Allahabad Bank, Sunabeda directing to initiate the process of recruitment of Part-Time Sweeper on ?rd wage scale through the local employment exchange and marked the copy thereof to the Manager of Allahabad Bank, Semiliguda College Extension Counter. Accordingly the management advertised for the post of part-time sweeper and the workman, who alleged to have valid employment exchange registration, submitted application for the said post vide application dated 5.6.2007. He was called upon to participate in the interview for the post of Part-time Sweeper which was held on 9.8.2008 at the bank premises of the management at Sunabeda, but the management did not consider the case of the workman as Part-time Sweeper and ultimately disengaged him w.e.f. 11.8.2008. Further case of the workman is that without considering his candidature, the management had appointed new person namely Narsingha Jani in the said post ignoring his rightful claim. The workman being aggrieved with the action of the management approached labour authorities at Regional Labour Commissioner, Central and prayed to intervene into the matter, conciliation proceeding started but failed on the plea of the management that the workman had no valid employment registration card at the time of interview for the post of part-time Sweeper held on 9.8.2008, he was not selected, conciliation officer being found that there is no chance of settlement had submitted failure report before the appropriate Government, in terms thereof, reference has been made which fell for consideration before the Tribunal. According to the workman, he was in continuous service for more than 240 days till the date of illegal termination i.e. 11.8.2008, as such the management ought to have followed the statutory provisions as contained in section 25-F of the Industrial Disputes Act,1947, but without following the same he was terminated, hence the management had not followed the statutory provision and as such he is entitled for reinstatement in service with all consequential benefits.