SHATRUGHAN PRASAD SAH Vs. SARAN KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the respondent-employee against Heard the parties. whom writ petition bearing CWJC No. 4814 of 2006 has been allowed by the order under appeal dated January 14, 2009 and the award dated December 29, 2005 passed by the Presiding Officer, Industrial Tribunal, Patna in Reference Case No. 2(C)/2003 has been set aside at the instance of Saran Kshetriya Gramin Bank, Chapra which has now been redesignated as Uttar Bihar Gramin Bank.

(2.) From the award dated December 29, 2005 contained in Annexure-1 to the LPA it is clear that the appellant sought an adjudication on the issue: "whether the action of the management of Saran Kshetriya Gramin Bank, Satan in terminating the services of Sri Shatrughan Prasad Sah, Sweeper-cum- Messenger is justified? If not, what relief the workman is entitled?." The management, writ petitioner denied relationship of employer and employee as well as existence of any industrial dispute between the parties in the eyes of law. According to the management the worker, Shatrughan Prasad Sah, was not a worker of the Bank within the meaning of Section 2(oo) of the Industrial Disputes Act (hereinafter referred to as the Act).

(3.) The Tribunal decided in favour of the workman by holding that the attendance sheets from December, 1983 to February, 1985 show that the workman worked in the Bank during the relevant period and although he could not produce copy of attendance sheet till the date of his retrenchment, i.e., till November 27, 1985 the attendance sheet from December, 83 to February, 85 showed that he had worked for more than 240 days in a calendar year. On that basis the Tribunal held that the management had violated Section 25-F of the Act in retrenching the workman with out following the conditions incorporated in the Statute. The Tribunal held the action of management as not justified and further held that the workman will be entitled to be regularized in subordinate cadre of Bank service from November 28, 1985 and get all the benefits admissible to his rank and post from the date of his reinstatement.