STATE BANK OF INDIA Vs. LALIT JOSHI

JUDGEMENT

(1.) This order will dispose of the aforementioned two writ petitions i.e. and filed under Article 226, as common questions of law and fact are involved in them, which can conveniently be decided by a common order. Though the files are thick and facts aplenty, but many of them need not be re- traversed since the award deals with those.

(2.) These two connected petitions can be determined on the vital question identified by the Presiding Officer, Central Government Industrial Tribunal -cum- Labour Court-I, Chandigarh in the identical and awards dated 13.08.2018 in ID No.94 of 2012 and ID No.95 of 2012.

(3.) The issue is this; these two workmen (respondent No.1 in both the petitions) were engaged as Canteen Waiters in the Zonal Office of the State Bank of India, Sector 17, Chandigarh in January, 1990 along with five other Canteen Waiters, who were junior to them from the date of engagement, namely, Tula Ram, Ashok Kumar, S.K.Mishra, Saroop Singh and Arvind Sharma. They were appointed by the Chief Manager, who doubled up as ex officio Manager of the Canteen run by the Bank for its employees. No qualifications were prescribed for the job of Waiter and several of them were appointed at a salary of Rs.350/- per month to serve from 9.30 AM to 5.30 PM i.e. during banking hours. Their job was to provide tea, lunch etc to all the employees of the Zonal Office comprising a large contingent. There were 18 canteen workers working shoulder to shoulder at the relevant time. A Local Implementation Committee was constituted to control, supervise and manage the subsidized canteen on behalf of the management of SBI.