PUNJAB AND SIND BANK Vs. UNION OF INDIA

JUDGEMENT

(1.) Punjab and Sind Bank (hereinafter referred to as the 'employer') is aggrieved and has challenged award dated 26.03.2010 passed by respondent No.2-Presiding Officer, Central Government Industrial Tribunal cum Labour Court-1, Chandigarh ['Tribunal'] in so far as it relates to respondent No.4 ['workman'].

(2.) Briefly stated the facts, leading to the filing of instant petition, as are gatherable from the impugned award, are that the workman moved an application before respondent No.3 on 16.05.2005 stating therein that he was engaged by the Branch Manager of the employer as peon on temporary basis on 04.10.1989 and continued as such till June 1993 and that he had rendered services of about 400 days with the employer. It was submitted by the workman that as per the practice and scheme of the Bank in vogue, a panel of temporary peons engaged by the Bank in its J&K region had been drawn in which the name of workman figured at S.No.1.

(3.) Respondent No.3 issued notice to the employer. Objections were filed by the employer. Respondent No.3, after affording an opportunity of hearing to both the sides and having failed in the process of conciliation, referred the matter to the Ministry of Labour, Government of India for making appropriate referral of the dispute to the competent Forum. The Ministry of Labour, Government of India accepted the recommendations of respondent No.3 and referred the dispute to the Tribunal with the following reference: