RBG SECURITY SOLUTIONS PVT. LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Grievance of the petitioner company, a security agency providing guards, is qua impugned award dtd. 1/6/2007, rendered by Industrial Tribunal, Gurdaspur (for brevity, Tribunal), whereby reference under adjudication was decided in favor of the workman and against the petitioner. While allowing the reference, workman-respondent No. 5 has been ordered to be reinstated into service of petitioner-company with 50% back wages and consequential benefits.

(2.) Grounds of challenge to the award, inter alia, are that there exists no master-servant relationship between workman/respondent No. 5 and the security agency/petitioner-company; and on his own the workman neither made security agency a party before the Tribunal nor even any relief was sought against it.

(3.) Brief factual narrative first, as noticed by the Tribunal in its award. Workman claimed that pursuant to the recommendations of Deputy Director, Soldier Welfare Office, Gurdaspur, he was inducted in service of respondent Bank as Security Guard in an interview held on 3/2/2004. However, for no valid reason, the services of workman were terminated on 25/6/2007. Stand of the Bank is/was that respondent No.5 did though join as Security Guard on temporary basis on 3/2/2004, but he left the job of the Bank on or about 30/4/2004 to join the security agency M/s P. Checkmate-respondent No. 4. Respondent No. 5 never worked for 240 days in the preceding 12 calendar months. No claim against the Bank was thus sustainable