Case Note & Summary
The petitioner, Bank of India, challenged the award dated 21.12.2016 passed by the Central Government Industrial Tribunal-cum-Labour Court, Bangalore, in C.R.No.31/2006. The Labour Court answered the reference in favour of the workman, M.H.Shankarappa, directing the Bank to provide him employment as a regular sub-staff, treating it as a fresh appointment, and that he was not entitled to any other benefit. The workman was appointed as sub-staff on 20.4.1992 after due selection. He worked until 8.3.2001 when his services were terminated without reason. He was reinstated on 20.8.2002 but terminated again on 1.8.2003 without reason. On 30.8.2004, the Bank entered into a settlement with the workman before the Assistant Labour Commissioner, but the workman was not allowed to join duty. The Labour Court found that the termination was without reason and the settlement was not implemented. The High Court held that the Labour Court's award was based on evidence and did not suffer from any perversity or illegality warranting interference under Article 226 of the Constitution. The writ petition was dismissed.
Headnote
A) Industrial Law - Reinstatement - Regularisation - Termination without reason - The workman was appointed as sub-staff in 1992, terminated in 2001 without reason, reinstated in 2002, and terminated again in 2003 without reason. The Labour Court directed the Bank to provide regular employment as sub-staff as a fresh appointment. The High Court upheld the award, finding no perversity or illegality. (Paras 1-4) B) Industrial Law - Settlement - Binding nature - The Bank entered into a settlement with the workman on 30.8.2004 before the Assistant Labour Commissioner, but the workman was not allowed to join duty. The Labour Court held the settlement was not implemented. The High Court noted that the Bank did not challenge the settlement and the Labour Court's finding was based on evidence. (Paras 2-4)
Issue of Consideration
Whether the Central Government Industrial Tribunal-cum-Labour Court was justified in directing the Bank of India to provide regular employment to the workman as sub-staff, treating it as a fresh appointment, after his services were terminated twice without reason.
Final Decision
The High Court dismissed the writ petition, upholding the award of the Central Government Industrial Tribunal-cum-Labour Court dated 21.12.2016.
Law Points
- Industrial Dispute
- Reinstatement
- Regularisation
- Termination without reason
- Settlement
- Fresh appointment
