INDIAN OVERSEAS BANK Vs. PRESIDING OFFICER, CENTRAL GOVERNMENT

JUDGEMENT

(1.) In this Letters Patent Appeal, Indian Overseas Bank, Regional Office, Ludhiana (Management) has challenged the judgment dated 03.05.2012 passed by the learned Single Judge, whereby the writ petition (CWP No.332 of 2011) filed by the appellant for setting aside the award 17.8.2010 passed by the Labour Court, has been dismissed.

(2.) Though this appeal is barred by limitation, and along with the appeal, the appellant has filed an application (CM No.3992 of 2012) for condonation of 51 days delay in filing the appeal, yet without taking the said delay into consideration, we have heard the learned counsel for the appellant on merits and gone through the impugned order passed by the learned Single Judge.

(3.) Learned counsel for the appellant has made two-fold submission. Firstly, that the finding recorded by the Labour Court that the workman had put in more than 240 days of service in the preceding 12 calendar months prior to the date of his termination, is incorrect; and secondly that in case the said finding is taken to be correct, then the workman, who was inducted in service de hors the rules, is not entitled to be reinstated in service.