High Court Kerala High Court

Central Bank Of India vs The Industrial Tribunal on 22 May, 2008

Kerala High Court
Central Bank Of India vs The Industrial Tribunal on 22 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 923 of 2008()


1. CENTRAL BANK OF INDIA, REPRESENTED BY
                      ...  Petitioner

                        Vs



1. THE INDUSTRIAL TRIBUNAL, KOLLAM.
                       ...       Respondent

2. SHRI. P.A.HAMZA, C/O.H.B.SHENOY

                For Petitioner  :SRI.V.V.SIDHARTHAN

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :22/05/2008

 O R D E R
                     H.L.DATTU, C.J. & M.C.HARI RANI, J.
               ------------------------------------------------------------------
                                  W.A.No.923 of 2008
                    -------------------------------------------------------
                      Dated, this the 22nd day of May, 2008

                                       JUDGMENT

H.L.Dattu, C.J.

A Nationalised Bank, aggrieved by a portion of the order

passed by the learned Single Judge in O.P.No.411 of 2000 dated 9th January,

2008 is before us in this writ appeal.

(2). The lis is between a sub-staff and a mighty Bank. Since

the conciliation proceedings had failed, the workman had approached the

Central Government to refer the dispute before the Industrial Tribunal for

adjudication. The Central Government had referred the following issue for

consideration by the Industrial Tribunal.

“Whether the action of the management of the Central Bank of

India in terminating the services of Shri.P.A.Hamza with effect

from 2-12-1991 and refusing to consider him for

re-employment is legal and justified? If not, to what relief the

said workman is entitled and from which date?”

(3). After receiving the point of dispute, the Industrial Tribunal

had registered the dispute as I.D.No.30/1997. By Ext.P3 award, the

Industrial Tribunal had answered the point of dispute referred to it by the

Central Government in favour of the workman and against the Bank.

(4). The Bank, being aggrieved by Ext.P3 award passed in

I.D.No.30/1997, was before this Court in O.P.No.411/2000. The learned

Single Judge, by his order dated 9th January, 2008 has allowed the Original

Petition and has set aside the award passed by the Labour Court in

WA.No.981/2008 -2-

I.D.No.30/1997, and in exercise of his discretionary jurisdiction and also

taking into consideration the plight of the poor workman who was agitating his

claims before various Forums including the Labour Court, has directed the

Bank to permit the workman to appear for the test and interview as and when

the Bank calls for test selection process to appoint sub-staff in the Bank

notwithstanding the age bar, if any. It is this portion of the discretionary

order passed by the learned Single Judge is the subject matter of writ appeal

by the Bank.

(5). Sri.V.V.Sidharthan, learned counsel appearing for the

Bank would vehemently contend that, while allowing the original petition and

while setting aside the award passed by the Labour Court in I.D.No.30/1997,

the learned Judge ought not have made any other observations.

(6). We have carefully perused the observations made by the

learned Single Judge of which the Bank is aggrieved. The learned Judge has

taken firstly into consideration the Sashtri Award (sic. Circular issued by the

Bank) which provided that, if an employee has worked in the Bank for a

period of 180 days during the period from 1-1-1987 to 24-12-1990 and if he

has registered with the Employment Exchange and if his candidature is not

sponsored by the Employment Exchange, then such workman will be called to

appear in the immediate sub-staff recruitment as and when held.

(7). Keeping in view the Circular of the Bank and also keeping

in view that the workman had worked in the Bank right from 1986 till 1991, the

learned Judge has come to the aid of the workman by directing the Bank to

permit the workman to appear for the test and interview as and when the

WA.No.981/2008 -3-

Bank calls for test selection process to appoint sub-staff in the Bank,

notwithstanding the age of the workman.

(8). The first and foremost observation made by the learned

Single Judge at para 9 of the judgment is only discretionary. Secondly,

while exercising the discretionary jurisdiction, the Court has placed reliance

on the Circular issued by the Bank. Yet again, the Court has only said that

the workman may be given an opportunity to appear for the test and appear

for the interview also if and when sub-staff recruitment is made by the Bank,

without reference to the age limit of the workman. All these have been done

by the learned Single Judge keeping in view the plight of the workman who

was fighting the litigation right from 1991. We do not see any error in the

observations made and directions issued by the learned Single Judge which

would call for our interference. Therefore, the writ appeal requires to be

rejected and it is rejected.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(M.C.HARI RANI)
JUDGE

MS