Judgment

Arijit Pasayat, J.—The Indian Overseas Bank (hereinafter referred to as the ‘Bank’) calls in question legality of view expressed in a judgment rendered by the Industrial Tribunal, Tamil Nadu, Chennai (hereinafter referred to as the ‘Tribunal’) which was affirmed by learned Singh Judge of the Madras High Court. The judgment of the Division Bench is the subject-matter of challenge in this appeal.

2. The core question which falls for adjudication in this appeal is whether "jewel appraisers for loans" are to be treated as workers and are to be absorbed as part time clerical staff of the Bank. Stand of the appellant is that jewel appraisers are not employees of the bank and do not do any substantial work.

3. Background facts in a nutshell are as follows :

The bank on the basis of contracts had employed about 767 jewel appraisers mainly in the rural branches in the States of Tamil Nadu, Pondicherry, Andhra Pradesh, Karnataka, Kerala and few branches in Bihar and Orissa. Bank advances agricultural loans to its constituents and also members of the staff. The All India Indian Overseas Bank Employees Union (in short the ‘Union’) raised a dispute taking the stand that the jewel appraiser