High Court Patna High Court - Orders

State Bank Of India vs The Union Of India &Amp; Ors on 12 October, 2010

Patna High Court – Orders
State Bank Of India vs The Union Of India &Amp; Ors on 12 October, 2010
           IN THE HIGH COURT OF JUDICATURE AT PATNA.

                    C.W.J.C.No. 13529 of 2006.

STATE BANK OF INDIA, A BANKING COMPANY, CONSTITUTED
UNDER THE STATE BANK OF INDIA ACT, 1955, HAVING ITS
CORPORATE OFFICE AT MUMBAI AND LOCAL HEAD OFFICE AT
WEST GANDHI MAIDAN, PATNA THROUGH DEVENDRA NATH
PURI, SON OF SURAJ NARAIN PURI, ASSISTANT GENERAL
MANAGER (PERSONNEL & HRD), RESIDENT OF STATE BANK OF
INDIA, L.H.O., PATNA, P.S.- GANDHI MAIDAN,
DISTRICT- PATNA :-------------------PETITIONER.
                              -VERSUS-
1. THE UNION OF INDIA, MINISTRY OF LABOUR, NEW DELHI
THROUGH ITS SECRETARY.
2. THE INDUSTRIAL TRIBUNAL, BAILEY ROAD, PATNA THROUGH
ITS SECRETARY.
3. THE REGIONAL LABOUR COMMISSIONER (CENTRAL), BIHAR,
PATNA.
4. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL), BIHAR,
PATNA.
5. THE STATE BANK OF INDIA EMPLOYEES‟ UNION ASSOCIATION,
BIHAR, PATNA, 215, ASHOKA PLACE, EXHIBITION ROAD, PATNA,
THROUGH ITS GENERAL SECRETARY.
6. RAMPRIT YADAV, S/O- SRI YOGENDRA YADAV, RESIDENT OF
BENTA CHAUK, P.O.- LAHERIASARAI, DISTRICT- DARBHANGA.
7. RAJESH KUMAR RAM, S/O- SHRI LOTAN RAM, RESIDENT OF
LAXMI SAGAR, SAIDPUR, ANWAR CITY, DARBHANGA.
8. RATNESH PASWAN, S/O- LATE SHEOJEE PASWAN, RESIDENT
OF BALBHADRAPUR, NAVTOLIA, P.S. BAHADURPUR, DISTRICT-
DARBHANGA:------------RESPONDENTS.
                                   -with-

                C.W.J.C.NO. 10612 of 2007.

STATE BANK OF INDIA, A BANKING COMPANY, CONSTITUTED
UNDER THE STATE BANK OF INDIA ACT, 1955, HAVING ITS
CORPORATE OFFICE AT MUMBAI AND LOCAL HEAD OFFICE AT
WEST GANDHI MAIDAN, PATNA THROUGH DEVENDRA NATH
PURI, SON OF SURAJ NARAIN PURI, ASSISTANT GENERAL
                                  2




MANAGER (PERSONNEL & HRD), RESIDENT OF STATE BANK OF
INDIA, L.H.O., PATNA, P.S.- GANDHI MAIDAN,
 DISTRICT- PATNA :-------------------PETITIONER.
                                -VERSUS-
1. THE UNION OF INDIA, MINISTRY OF LABOUR, NEW DELHI
THROUGH ITS SECRETARY.
2. THE INDUSTRIAL TRIBUNAL, BAILEY ROAD, PATNA THROUGH
ITS SECRETARY.
3. THE REGIONAL LABOUR COMMISSIONER (CENTRAL), BIHAR,
PATNA.
4. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL), BIHAR,
PATNA.
5. THE STATE BANK OF INDIA EMPLOYEES‟ UNION ASSOCIATION,
BIHAR, PATNA, 215, ASHOKA PLACE, EXHIBITION ROAD, PATNA,
THROUGH ITS GENERAL SECRETARY.
6. RAMPRIT YADAV, S/O- SRI YOGENDRA YADAV, RESIDENT OF
BENTA CHAUK, P.O.- LAHERIASARAI, DISTRICT- DARBHANGA.
7. RAJESH KUMAR RAM, S/O- SHRI LOTAN RAM, RESIDENT OF
LAXMI SAGAR, SAIDPUR, ANWAR CITY, DARBHANGA.
8. RATNESH PASWAN, S/O- LATE SHEOJEE PASWAN, RESIDENT
OF BALBHADRAPUR, NAVTOLIA, P.S. BAHADURPUR, DISTRICT-
DARBHANGA:------------RESPONDENTS.
                               ============

For the Petitioner : M/S S.D. Sanjay & Akash Chaturvedi,
Advocates.

For the U.O.I. : Mr. Sahvind Kumar Sharma (C.G.C.) &
Mr. Sanjay Kumar Pandey, (C.G.).

For Respondent
nos. 6 to 8 : Mr. Anil Kumar Upadhyay, Advocate.

====================
3

18. 12 -10-2010. Both the writ petitions have been filed

by the State Bank of India (hereinafter referred to

as the “Bank”) against the Award passed by the

Presiding Officer, Industrial Tribunal, Patna dated

7th December, 2005, Annexure-4 in C.W.J.C.No.

13529 of 2006 and 30th December, 2006,

Annexure-2 in C.W.J.C.No. 10612 of 2007 in

Reference Case No. 28 (C), 12 (C) of 2003,

whereunder the dispute raised on behalf of the

workmen, Respondent Nos. 6 to 8, has been

adjudicated in their favour directing the Bank not

only to reinstate them as part time Sweeper-cum-

Farash in the Darbhanga Branch of the Bank but

also to regularize them with effect from January,

1992 with all benefits of Grade-IV employee

including pay etc. Parties and the question raised

in the two petitions being common, the two writ

petitions have been heard together and are being

disposed of by this common order.

2. Facts which has given rise to

the present dispute is that Darbhanga Branch of
4

the Bank was housed in a single storied

Government premises, Dilip Kumar Ram served

the Branch as part-time Sweeper. In January,

1991 the Branch was shifted to its own building

at Laheriasarai Station Road having three floors,

each consisting of approximately 72 sq.ft. carpet

area which required the services of at least three

full time Sweeper-cum-Farash. In January, 1991,

the then Branch Manager of Laheriasarai Branch

appointed respondent-workmen as part-time

Sweeper-cum-Farash. Though, the respondent-

workmen were appointed as part-time Sweeper-

cum-Farash, they were required to serve the

Branch between 8 a.m. to 5.30 p.m. on all

working days. From 8 a.m. to 10 a.m. they

performed the duties of Sweeper-cum-Farash and

thereafter as messengers performing the usual

duties of the messenger till the closure of the

Branch but were paid paltry daily-wage of Rs.

10/- from January, 1991 to December, 1998 and

Rs. 12/- per day from January, 1999 to 4th
5

August, 2002. Respondent-workmen were also not

allowed to mark their attendance in the Staff

Attendance Register. Their attendance was

marked by officers in a separate Demy-Book and

as per the attendance marked in the Demy-book

they were paid wages from the Petty Cash Register

of the Branch. Respondent-workmen were also

deployed in the Cash Department of the Branch

for packing the currency notes for remittance to

Reserve Bank of India and also for burning of

soiled and mutilated notes of small denomination.

Although, respondent-workmen discharged the

duties of Sweeper-cum-Farash and messenger in

the Darbhanga Branch of the Bank from January,

1991 but were not being paid the wage-scale and

other benefits of the Sub-ordinate Cadre

Employee, State Bank of India Employees‟ Union

(Bihar State) (hereinafter referred to as the

“Union”), raised industrial dispute praying, inter

alia, for payment of wage-scale, admissible to the

regular Sub-ordinate Cadre Employee serving the
6

Branch and the Government of India, Ministry of

Labour, New Delhi referred the same under order

dated 30.5.2002 for adjudication by the Industrial

Tribunal, Patna which was registered as Reference

Case No. 12 (C) of 2003. During the pendency of

the aforesaid Reference Case No. 12 (C) of 2003,

the engagement of respondent-workmen was

terminated by the Bank with effect from 5th

August, 2002. The Union again raised industrial

dispute before the Government of India asserting

that termination of the engagement of the

respondent-workmen by the Bank during the

pendency of the earlier reference case is wholly

unjustified. The Government of India, Ministry of

Labour under order dated 18.7.2003 once again

referred the subsequent dispute for adjudication

by the Industrial Tribunal, Patna which was

registered as Reference Case No. 28 (C) of 2003.

Management of the Bank entered appearance in

the two reference cases as also filed the written

statement disputing the employer-employee
7

relationship between the Bank and the

respondent-workmen. It was further stated that

respondent-workmen may claim to have worked at

Darbhanga Branch of the Bank, the Incharge of

the Darbhanga Branch appointed them without

the approval of the Chief General Manager of the

Bank. The further case of the Bank is that

Darbhanga Branch of the Bank shifted to its own

building in January, 1991, when the Branch had

one part-time permanent Sweeper who used to

sweep and clean the Branch. As the permanent

part-time Sweeper remained on leave without any

information, he could not properly discharge his

duties of cleaning the premises of the Bank. The

premises used to be cleaned by the daily-wage

earners who were being paid at the rate of per day

for the hours they cleaned the premises of the

Bank. The daily-rated Sweepers were never

appointed by the Bank in any capacity. It was

further pointed out in the written statement that

as per the Staff Recruitment Rules, the vacancies
8

are to be notified and appointment to be made

following the recruitment procedure, selected

candidates are thereafter offered appointment.

The daily-rated employees, whose dispute has

been raised under the reference, no appointment

procedure was ever adopted. The appointment of

these three persons, in whatever capacity, was

made with an ulterior motive to allow them entry

in the Bank‟s employment through back door by

some persons of the Branch who might have been

interested in them. Such appointment, being

illegal, is void ab initio for all purposes. It was also

stated in the written statement that the Bank is

already having one full time Sweeper, one half and

still another part-time Sweeper on 3/4th of the

pay. They are permanent incumbent of the Bank.

If any question of regularization as full-time

Sweeper in the Darbhanga Branch of the Bank

would arise, the aforesaid part-time Sweepers will

have their claim considered at the first instance.

In any case, the question of regularization of these
9

three concerned persons can come only after

regularization of service of those part-time

Sweepers engaged by the Bank is granted. It was

further stated in the written statement that even

assuming that these three persons have worked in

the Bank for longer time as daily/casual worker

this does not confer any legal right to be

appointed on regular basis or for regularization of

their services. It has been further stated in the

written statement that the then Branch Manager

who engaged these persons as part-time Sweeper

or Sweeper-cum-Farash never took any interview

for selecting any person to work as additional

Sweeper. It is further stated that he was not

authorized to make appointment. It was also

stated in the written statement that these persons

were never engaged to work in the Darbhanga

Branch from 8 a.m. to 5.30 p.m. on any day. They

were only provided work not by the Bank but by

an employee of the Bank in his personal capacity.

They worked only between 8.30 a.m. to 9.30 a.m.
10

The Bank has its own peon and, as such, there

was no occasion for these persons to perform the

duties of messenger. Further, it has been stated

that the statement made on behalf of these three

persons with regard to the rate of payment and

days they worked are correct but as they were

paid through Petty Cash Register, they were

casual workers, had no right of reinstatement and

regularization. In the light of the statements made

in the written statement it was submitted by the

Bank that there is no question of unfair labour

practice prevailing in the Bank. In support of its

case the Bank produced documentary evidence

enumerated in paragraph-27 of the order dated

7th December, 2005 as also examined the Chief

Manager of the Branch and the then Branch

Manager who engaged the workmen as M.W.-1,2.

The workmen also produced attendance-sheet

showing their presence marked in the Branch for

the month of June, 1996 to June, 1999 together

with payment vouchers, W-1 series. The Tribunal
11

having considered the documentary evidence

produced by the parties, as discussed in

paragraph-33, concluded in paragraph-34 of the

order that these three concerned persons have

received payment for the service rendered by them

in the capacity of Sweeper or Kuli from the Bank.

In paragraph-35 of the said order the Tribunal

considered the oral evidence of one of the

workmen Rajesh Kumar Ram about the period,

timing and the nature of the work discharged by

the workmen. In paragraph-36 of the said order

the Tribunal on the basis of the oral, documentary

evidence concluded that the workmen appears to

have established their case that they served the

Branch for more than 240 days and their

engagement was terminated by the Bank without

any notice or payment of wages to them, as

provided under the Industrial Disputes Act, 1947

(hereinafter referred to as the “Act”). In the said

paragraph the Tribunal further concluded on the

basis of attendance-sheet, Exhibit-W series and
12

the payment vouchers, Exhibit-W-1 series that

these workmen have served the Branch and were

paid from the Petty Cash Register of the Bank.

Having recorded the aforesaid finding the Tribunal

considered the submission of the workmen that

the termination of their services was contrary to

the provisions contained in Section 25F and 33 of

the Act in paragraphs 38 and 39 of its order and

relying on the judgment of the Hon‟ble Supreme

Court in the case of Bank of Baroda Vs.

Ghemarbhai Harjibhai Rabari, reported in A.I.R.

2005 Supreme Court 2799 in paragraph-40 of its

order directed the Bank in paragraph 41 of the

order that action of the management of the Bank

in terminating the services of the respondent-

workmen with effect from 5th August, 2002, while

their case for regularization was pending before

the Tribunal, is highly unjustified and illegal,

accordingly, directed their reinstatement in

service of the Bank/Branch. Under order dated

30th December, 2006 passed in Reference Case
13

No. 12 (C) of 2003 the Tribunal concluded that the

workmen having completed 240 days of their

service as part-time Sweeper-cum-Farash in every

calendar year since 1991, they have to be

regularized in the service of the Bank and,

accordingly, directed for their regularization.

3. Counsel for the petitioner-Bank

has challenged both the Award dated 7th

December, 2005, Annexure-4 in C.W.J.C.No.

13529 of 2006 and 30th December, 2006,

Annexure-2 in C.W.J.C.No. 10612 of 2007 on

various grounds, namely, that concerned

respondents having been engaged by the officer of

the Branch without the prior approval of the Chief

General Manager, they are not the employees

serving either the Bank or the Branch as the

Branch Manager, who engaged them, had no

authority to engage them and engagement

rendered on the basis of the illegal engagement

made by the officer serving the Branch will not

entitle the person concerned to claim
14

reinstatement and regularization in the Bank. In

this connection, learned counsel for the Bank

further pointed out that even if respondent

concerned have been paid from the Petty Cash

Register of the Bank for the few hours of the

engagement, such engagement will also not give

them any right of reinstatement and

regularization as the Tribunal has not recorded

any finding about the hours during which the

respondent-workmen served the Branch on

different days of their engagement. Learned

counsel for the petitioner-Bank further pointed

out that engagement of the respondents

concerned having been made without following

the norms of advertisement and conducting

selection process, such engagement, even though

continued beyond 240 days in several calendar

years, will not clothe the respondents concerned

with any legal right to claim reinstatement and

regularization as the respondents concerned are

not workmen within the meaning of Section 2S of
15

the Act. In this connection, learned counsel for

the petitioner-Bank relied on several judgments of

the Hon‟ble Supreme Court in the case of

Allahabad Bank Vs. Prem Singh, reported in

(1996) 10 Supreme Court Cases 597, paragraphs

7,8, M.P.Housing Board and another Vs. Manoj

Shrivastava, reported in (2006) 2 Supreme Court

Cases 702, paragraphs 8,10,12,15,20, M.P. State

Agro Industries Development Corpn. Ltd. and

another Vs. S.C.Pandey, reported in (2006) 2

Supreme Court Cases 716, paragraphs 7,23,

Secretary, State of Karnataka and others Vs. Uma

Devi (3) and others, reported in (2006) 4 Supreme

Court Cases 1, paragraphs 46, 47,48, 49,

Hindustan Aeronautics Ltd. Vs. Dan Bahadur

Singh and others, reported in (2007) 6 Supreme

Court Cases 207, paragraphs 12,14,17, 18, State

of Uttaranchal and another Vs. Prantiya Sinchai

Avam Bandh Yogana Shramik Mahaparishad,

reported in (2007) 12 Supreme Court Cases 483,

paragraph-5, Uttaranchal Forest Hospital Trust
16

Vs. Dinesh Kumar, reported in 2008(1)

P.L.J.R.201(SC) paragraphs 3 and 7, Sanjay

Kumar Tiwary & Ors. Vs. The State of Bihar &

Ors., reported in 2008(2) PLJR 265, Official

Liquidator Vs. Dayanand and others, reported in

(2008) 10 Supreme Court Cases 1, paragraph-50.

4. Counsel for the respondent-

workmen has opposed the submission of the

counsel for the Bank and submitted that

respondent-workmen were engaged by the Branch

Manager of the Darbhanga Branch in January,

1991 when the Branch shifted to its own building

so as to meet the exigencies of the Banking

services and to mitigate the inconvenience of the

customers coming to the Branch on paltry daily-

wage of Rs. 10/- per day from January, 1991 to

December, 1998 and at Rs. 12/- per day from

January, 1999 to 4th August, 2002. Such payment

was being made to the workmen from the Petty

Cash Register of the Branch in lieu whereof the

workmen were serving the Branch from 8 a.m. to
17

5.30 p.m. on all working days. Highlighting the

aforesaid unfair labour practice by the Bank the

Union raised industrial dispute before the

Government of India, Ministry of Labour which

was referred for adjudication by the Tribunal

under reference dated 30th May, 2002 which was

registered as Reference Case No. 12 (C) of 2003.

During the pendency of the aforesaid Reference

Case No. 12 (C) of 2003 the Bank proceeded to

terminate the services of the respondent-workmen

with effect from 5th August, 2002 without

following the mandate of Section 25F as also in

teeth of the provisions contained in Section 33 of

the Act which restrain the employer from

changing the service condition of the workman

during the pendency of any proceeding before the

Tribunal without the express permission in

writing of the Tribunal. Learned counsel

categorically submitted that before terminating

the services of the respondent-workmen the Bank

and the Branch neither complied the provisions
18

contained in Section 25F of the Act nor sought

permission of the Tribunal to terminate the

services of the respondent-workmen. He further

pointed out with reference to the preamble and

object of the Act as also the definition of the term

„workman‟ given thereunder that any person

employed in any industry is workman if he is not

employed in a managerial, administrative,

supervisory capacity and with reference to the

said definition it is submitted that respondent-

workmen having been engaged as Sweeper-cum-

Farash, there should not be any difficulty in

concluding that they were workmen serving the

Branch and were covered by the provisions of the

Act. In the circumstances, according to learned

counsel for the respondent-workmen termination

of the services of the respondent-workmen has

been rightly set aside by the Tribunal under

Award dated 7th December, 2005 with direction to

reinstate the workmen and this Court should not

interfere with the same. With reference to the
19

findings recorded in the Award dated 30th

December, 2006 passed in Reference Case No. 12

(C) of 2003, learned counsel for the respondent-

workmen, however, conceded that the Tribunal

while recording the finding that the three

workmen completed 240 days of service as part-

time Sweeper-cum-Farash in every calendar year

since 1991 did not record any finding about the

hours of work rendered by the workmen on the

days of their engagement. In support of his

submission learned counsel for the respondent-

workmen relied on the judgment of the Hon‟ble

Supreme Court in the case of Hindustan

Antibiotics Ltd., Appellant V. The Workmen,

Respondent. And Vice versa. 1. Saurashtra Vidul

Kamdar Sangh and 2. The Workmen of Kerala

State Electricity Board, Interveners, reported in

A.I.R. 1967 Supreme Court 948, paragraphs 9

and 10 to highlight the aims and object of the Act,

on the judgment in the case of Calcutta Port

Shramik Union Vs. The Calcutta River Transport
20

Association and others, reported in A.I.R. 1988

Supreme Court 2168, paragraphs 10,19,20 and

submitted that while considering the challenge

made to the Award passed by the Labour Court

approach of the superior court should not be to

pick-up holes in the Award unless it is found to be

absurd. He further relied on the judgment of the

Hon‟ble Supreme Court in the case of Jaipur Zila

Sahakari Bhoomi Vikas Bank Ltd. Vs. Ram Gopal

Sharma and others, reported in (2002) 2 Supreme

Court Cases 244, Constitution Bench,

paragraphs 6,13 to 16 to submit that termination

of the services of the workmen during the

pendency of the earlier reference case is violative

of Section 33 of the Act and reinstatement has to

be made for ensuring compliance of Section 33 of

the Act so as to relieve the employer of penal

consequences provided under Section 33(1) of the

Act. He further pointed out with reference to the

recruitment rules of the Bank for the clerical and

sub-ordinate cadre that appointment in the
21

clerical cadre is to be made after following the

norms of advertisement and selection procedure

but so far appointment in the non-messengerial

position like Farash, Water-boy, Cash-Kuli etc. is

concerned, may be made from the panel of the

wait-listed candidates who have been engaged to

serve the Branch/Bank in order to meet the

exigencies of the Banking service, as was done in

the case of the respondent-workmen who were

engaged to serve the Branch when the Branch

was shifted from the Government premises to its

own accommodation which had three floors and

required more number of Sweepers to sweep the

floors for the convenience of the customers. With

reference to the judgment of the Hon‟ble Supreme

Court in the case of Maharashtra State Road

Transport Corporation and another Vs. Casteribe

Rajya Parivahan Karmchari Sanghatana, reported

in (2009) 8 Supreme Court Cases 556, learned

counsel for the respondent-workmen further

submitted that Constitution Bench judgment of
22

the Hon‟ble Supreme Court in the case of Uma

Devi (supra) does not denude the Industrial and

Labour Court of their statutory power to order

permanency of the workers who have been victim

of unfair labour practice on the part of the

employer under Item-10 of Schedule-V of the Act.

Learned counsel further submitted that Uma Devi

(supra) is an authoritative pronouncement for the

proposition that the Supreme Court under Article

32 and the High Courts under Article 226 should

not issue direction for absorption, regularization

or granting permanency of temporary,

contractual, casual, daily-wage or ad-hoc

employees unless the recruitment itself was made

regularly in terms of the constitutional scheme.

5. Having considered the submissions

made on behalf of the parties, it appears

Respondent Nos. 6 to 8 are workmen within the

meaning of the Act and are entitled to raise

dispute under the Act for adjudication by the

Tribunal for grant of permanent status on non-
23

messengerial position by the Bank. Uma Devi (3)

(supra) is an authoritative pronouncement for the

proposition that Supreme Court under Article 32

and the High Courts under Article 226 should not

issue directions for absorption, regularization or

for grant of permanent status of temporary,

contractual, casual, daily-wage or ad hoc

employees unless the recruitment itself was made

on regular basis. Notwithstanding the judgment of

the Hon‟ble Supreme Court in Uma Devi (3)

(supra) the Tribunal, Constituted under the Act, is

not denuded of authority to order permanency of

the workers who have been victims of unfair

labour practice on the part of the employer under

Item No.10 of Schedule-V of the Act. Reliance

placed by the counsel for the petitioner-Bank on

the other judgments referred to in Paragraph-3

appears to be misplaced in the light of my

observations above. Now, I proceed to examine the

contents of the two impugned Awards. It is

evident from the Award dated 7th December, 2005,
24

Annexure-4 in C.W.J.C.No. 13529 of 2006 that

services of the respondent-workmen was

terminated by the Branch/Bank during the

pendency of Reference Case No. 12 (C) of 2003

with effect from 5th August, 2002 without

obtaining permission of the Tribunal where

Reference Case No. 12 (C) of 2003 raised for

granting the workers permanent status of non-

messengerial position was pending, as such, there

is no difficulty in concluding that termination of

the services of the respondent-workmen is in teeth

of Section 33 of the Act which restrain the

employer from altering the service conditions of

the employee to his detriment without obtaining

the permission of the Tribunal where the dispute

is pending. In the instant case, the services of the

respondent-workmen having been terminated

during the pendency of Reference Case No. 12 (C)

of 2003 raised for granting permanent status on

non-messengerial position without the permission

of the Tribunal, such termination has been rightly
25

set aside by the tribunal with direction to the

Bank/Branch to reinstate the respondent-

workmen. I do not see any illegality in the Award

dated 7th December, 2005, which is contained in

Annexure-4 and impugned in C.W.J.C.No. 13529

of 2006, the said writ case is, accordingly,

dismissed. Under Award dated 30th December,

2006, Annexure-2 in C.W.J.C.No. 10612 of 2007

the Tribunal has concluded that the respondent-

workmen completed 240 days of their service as

part-time Sweeper-cum-Farash in every calendar

year since 1991 and having recorded such finding

directed for their regularization in the service of

the Bank as IVth Grade employee with effect from

January, 1992. While recording the said finding

the Tribunal, however, did not record any finding

about the hours of work rendered by the

respondent-workmen on the day(s) of their

engagement. In the circumstances, without

recording finding about the hours of work

rendered by the casual worker on the day(s) of
26

engagement, direction to regularize the services of

the respondent-workmen appears to be

misconceived. The claim of the respondent-

workmen for regularization may succeed if they

are able to establish before the Tribunal that they

served the Branch on the day(s) of their

engagement during the working hour on the day

of their engagement, may be as Sweeper-cum-

Farash or performing the duties of non-

messengerial positions, like Water-boy, Cash Kuli

etc. For the failure of the Tribunal to record

finding about the hours of work rendered by the

workmen on the day(s) of their engagement the

Award dated 30.12.2006 which is contained in

Annexure-2 and impugned in C.W.J.C.No. 10612

of 2007 suffers from the vice of arbitrariness and

is violative of Article 14 of the Constitution of

India, is accordingly, set aside and matter

remitted back to the Tribunal to record finding

about the hours of work rendered by the

respondent-workmen on the day(s) of their
27

engagement. C.W.J.C No. 10612 of 2007 is,

accordingly, disposed of. C.W.J.C.No. 13529 of

2006 has been dismissed, respondent-workmen

be reinstated in the service of the Bank/Branch

during the pendency of Reference Case No. 12 (C)

of 2003 and be paid wages including arrears

throughout as per the notification issued under

the Minimum Wages Act from time to time.

(V.N.Sinha,J.)

P.K.P./A.F.R.