ASHOK KUMAR DAS Vs. STATE BANK OF BIKANER

JUDGEMENT

(1.) THE employees of the Bank approached the Tribunal for direction to the Bank to offer them employment: After enquiry the industrial award was passed by the Tribunal giving the relief sought for by the employees. The respondent -Bank filed the writ application seeking for the quashing of the industrial award. The learned single Judge after hearing the counsel for the parties quashed the industrial award and set aside the same holding that the appellants -employees are not entitled for employment and that is the subject matter of challenge before this Court in L.P.A.

(2.) LEARNED Counsel appearing for the appellants -employees mainly contends that the evidence has been properly appreciated by the Tribunal and a correct conclusion has been arrived at by the Tribunal stating that the retrenchment is made not In accordance with law. As such the learned single Judge has not given correct reasoning for setting aside the award. According to the counsel the learned single Judge has not taken into consideration Sections 25G and 25H of the Industrial Disputes Act, 1947. It is also brought to the notice of the Court that subsequently amongst the retrenched employees some persons have been (sic) detained and fresh appointments have also been made. On the other hand, counsel for the respondents while supporting the order of the learned single Judge submits that the employees -appellants were working only for 80 -90 days in the years 1980 -1984 and as such Section 25G will not apply. The employees -appellants were appointed only on temporary basis and as such the award passed by the Tribunal in favour of the employees is illegal as correctly pointed out by the learned single Judge.

(3.) ON going through the observations made by the Supreme Court (SIC) there is no difficulty in coming to the conclusion that the appellants -employees cannot claim re -employment as of right in the absence of any material to show that they were regularly appointed. Further it is clear from the reading of Section 25F of the Industrial Disputes Act that no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until it fulfills the various procedures laid down In that Section.