STATE BANK OF BIKANER AND JAIPUR REGIONAL OFFICE, SAWAI MADHOPUR RAJASTHAN, THROUGH ITS REGIONAL MANAGER Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, CGO BUILDING SECTOR

JUDGEMENT

(1.) Under challenge is the award dated 31-10-2005 passed by the Central Government Industrial Tribunal cum Labour Court Jaipur (hereinafter 'the Tribunal') whereby the respondent workman's termination order dated 6-10-2001 was found illegal consequent to which a direction for reinstatement with 25% back wages was issued. This court vide order dated 16-1-2008 only stayed the impugned award dated 31-10-2005 to the extent of back wages. Resultantly the respondent workman has been reinstated in service effective 15-2-2008 and presently continues in employment as a casual worker.

(2.) Heard counsel for the parties and perused the impugned award.

(3.) A perusal of the impugned award dated 31-10-2005 indicates that the Tribunal from the evidence on record found that the respondent workman had been in continuous employment as per the provisions of the Industrial Disputes Act, 1947 (hereinafter 'the Act of 1947') with the petitioner bank having worked more than 240 days in the twelve months preceding his termination on 6-10-2001. And without complying with the provisions of Sec. 25F of the Act of 1947 for reason of which an illegality attracted thereto. As recorded above reinstatement of the workman with 25% back wages from the date of termination was directed.