CENTRAL BANK OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) In view of outbreak of COVID-19 pandemic, case has been taken up through Video Conferencing. Concerned lawyers have no objection with regard to the proceeding, which has been held through Video Conferencing today at 10:30 a.m. onwards. They have no complaint in respect to the audio and video clarity and quality.

(2.) Petitioner has approached this Court with a prayer for quashing impugned Award dtd. 5/1/2012, passed by the Central Government Industrial Tribunal No. 1 at Dhanbad and published by the Respondent No. 1 under Sec. 17 of the Industrial Dispute Act, 1947 by notification dtd. 8/2/2012-21.03 in Ref. Case No. 102/2003, by which the respondent No.2 was directed to be reinstated in services as part time sweeper w.e.f. 1/4/1999 with 50% back wages and be regularized.

(3.) As per the factual matrix, the workman-respondent No.2 was orally appointed/engaged by the Management of Central Bank of India to discharge the duties of Sweeper/Peon on and from 2/8/1997. He was discharging his duties of cleaning and sweeping the branch premises and other works as assigned by the petitioner-Bank for which, he was being paid wages @ Rs.5.00 per day. The respondent No.2 lastly worked on 31/3/1999 and after that no work was being taken from the petitioner-Management. It is further the stand of the workman that when step for regularizing the services of some other casual daily labour was being taken, the Incharge Manager of the Bank was requested to take appropriate action in his matter also, but no heed was paid. Aggrieved by the same, the workman approached the Hon'ble Patna High Court by filing a writ petition being CWJC No. 3023/2000 for regularization of his services on Class-IV post, which was dismissed vide order dtd. 3/9/2004. Thereafter, the workman-respondent No.2 raised the dispute before the Assistant Labour Commissioner at Patna, which ended in failure and the Central Government referred the dispute before the Central Govt. Industrial Tribunal Dhanabad with the following terms of Reference: