PRAMOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioner has challenged the validity of the Award dated 8 -11 -1990 passed by the Presiding Officer, Labour Court, Chapra in Case No. 1/91 to the extent whereby the Labour Court has upheld the validity of his termination and further held that except this petitioner all other workmen are entitled to reinstatement with full back wages and consequential benefits.

(2.) IN short, the relevant facts are that at the instance of the petitioner and 7 other workmen who were terminated from the services of the respondent Bank, namely Chapra District Central Co -operative Bank Ltd. Chapra (hereinafter to be referred to as the Bank) the dispute was referred to the Labour Court under Sec. 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter to be referred to as the Act). The Labour Court vide impugned order contained in Annexure -1, on consideration of facts an circumstances and the evidence held that the termination of the workmen except the petitioner is not proper and justified and in view of the discussions made therein held that all the workmen except the petitioner are entitled to payment of full back wages with consequential benefits vide Annexure -1. The Labour Court held and that provisions of Sec. 25 -F of the Act will come into play and non -compliance of the said provisions will render the retrenchment as invalid.

(3.) IN so far as the case of the petitioner is concerned the Labour Court held that as compared to others he was not appointed, no appointment letter was issued, nor there is any acceptance of his joining in the bank and hence he could not come under the definition of workmen. In this regard he referred to the evidence of MW/1.