JAMMU AND KASHMIR BANK LTD. Vs. SWARAN SINGH

JUDGEMENT

(1.) OWP No. 101-S/2009

(2.) Issues before the Industrial Tribunal cum Labour Court, Chandigarh (for brevity 'Tribunal') were:--

(3.) The case of the respondent-workmen before the Tribunal was that they were temporarily appointed by the Management of the petitioner-Bank as Security Guards on consolidated salary against the clear vacancies. According to copies of letters of appointment filed by the respondents each respondent was appointed as Security Guard cum-Watchman by the petitioner-Bank against reserved vacancies. Respondents worked continuously in the same way as permanent Security Guards were working, though they were not paid wages at par with the permanent Security Guards. Respondent-workmen raised a dispute for regularisation of their services with retrospective effect on the ground that they were continuously working against the reserved vacancies in temporary capacity against the provisions of Bipartite Settlement dated 19.10.1966. Petitioner-Bank on the other hand denied the relationship of master and servant between the petitioner-Bank and respondents. Petitioner's case was that respondents were not appointed against any substantial vacancy, but their appointment was made on contract temporarily. It was further pleaded that as per the nature of services rendered by the respondents to the Bank, they were not entitled to regularization or appointment.