STATE BANK OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed at the instance of the State Bank of India (hereinafter referred to as 'the Bank') seeking to challenge an award, dated May 15, 1997 (Annexure -1) given by the Central Government Industrial Tribunal No. 1 at Dhanbad on a reference made to it under Section 10(1)(d) of the Industrial Disputes Act, 1947. The dispute under reference was regarding the validity of the bank's action in terminating the services of thirteen individual workmen and the reference was made in the following terms:

(2.) THE Tribunal in its award found and held that:

(3.) THE rival contentions of the parties giving rise to the dispute may be briefly stated as follows, in the written statement of the Union, sponsoring the case of the concerned workmen, it was stated that those workmen were engaged by the bank from different dates between the years 1979 to 1984. They were employed to work as full time messengers against permanent posts in the Patna Branch of the Bank. They were, however, paid their wages on daily basis and at very low rates. Initially they were paid Rs. 5/ - per day and from October, 1981, Rs. 7/ -per day. Apart from this when they went out in connection with the Bank's work, they were paid conveyance charges. They were paid wages only for working days and not for Sundays and holidays. It was further stated that each of the concerned workmen was engaged to do the bank's work, under the direct supervision and control of the officials of the bank. It was also stated that till September, 1993, the concerned workmen were paid their wages directly but later on with a view to deny their lawful claims against the bank a paper arrangement was made in which the concerned workmen were shown as workers of a contractor, namely, Project Engineering and Construction Company. After the introduction of this arrangement the concerned workmen were shown to be paid their wages through the contractor at the rate of Rs. 10.50 per day and the contractor was paid Re. 1/ - per person, per day as commission. It was the case of the workmen that it was a sham arrangement with a fake contractor. No such contract firm was registered under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 and in reality the concerned workmen continued to work directly for the bank.