GOHANA PRIMARY CO-OPERATIVE AGRICULTRAL DEVELOPMENT BANK LTD. Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND ANOTHER

JUDGEMENT

(1.) THIS writ petition has been filed by the employer challenging the award date 8.6.1999 (copy annexure P/7) passed by the Labour Court vide which respondent No. 2 was ordered to be reinstated with continuity of service and full back wages. Rs. 500/ - were also awarded as costs of proceedings.

(2.) RESPONDENT No. 2 was appointed in the petitioner -Bank as a Peon. A copy of the office order regarding appointment is at annexure P/3. The relevant part of the same is reproduced as under : -"In pursuance with directions given by and the informal discussions held with the managing committee members of the Bank, Shri Gopal Krishan S/o Shri Shiv Dhan, Village and P.O. Khubru Teh. Ganaur, Distt. Sonepat, is appointed as Peon on ad hoc and Temporary basis in this Bank in the scale of pay Rs. 950 -20 -1150 -EB -25 -1500 plus usual allowances admissible under Bank's Rules. His appointment is subject to the approval of the Managing Committee of the Bank and is terminable after giving one month's notice or salary in lieu thereof. If he wants to leave the service, he shall be required to give one month's notice or deposit one month's salary in lieu thereof in the bank."

(3.) RESPONDENT No. 2 had earlier filed Civil Writ Petition No. 5388 of 1992 (copy annexure P/9) which was dismissed as withdrawn on 22.2.1994 for availing the remedy before the Registrar under the Cooperative Societies Act or for a reference under the Industrial Disputes Act. Respondent No. 2 raised a demand by issuing demand notice. The matter was referred to the Labour Court who passed the impugned award.