SURESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the award dated 12/12/2001 passed by the Labour Court, Udaipur, whereby, the reference made by the appropriate Government has been answered against the petitioner workman.

(2.) By order dated 24/9/1999 a reference was made to the labour court 'as to whether the termination of services of petitioner Suresh Chand Mojawat by the respondent Bank was legal and if not to what relief he was entitled'.

(3.) The statement of claim was filed by the petitioner workman inter alia indicating that he was engaged as part-time Class IV employee at Modi Branch of the Bank on 24/5/1993 at the rate of Rs. 22/- per day; he gave his services regularly till 30/4/1994 and, thereafter, he was again engaged at Modi Branch on 1/1/1995, where he continued till May, 1997. It was also alleged that between the period 1/1/1995 to May, 1997, though the work was taken from the petitioner but in the Bank record names of other persons have been recorded, who did not work in the Bank and were employed elsewhere. It was also claimed that from June, 1997 to 7/7/1997 the petitioner worked at Goverdhan Vilas Branch and was suddenly removed on 7/7/1997. It was claimed that petitioner had served for 240 days before his retrenchment and after removal of petitioner, in Kolyari Branch of the Bank other persons were given appointment and that posts were lying vacant at Bapu Nagar and Hiran Magri Sector No.5 Branches of the Bank.