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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Bank of Baroda – Appellant
Versus
Shashikant Pitale – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. The Petitioner-Bank has filed the present Petition challenging the Award dated 18 June 2014 passed by the Central Government Industrial Tribunal-II, Mumbai passed in Reference No. CGIT-2/64 of 2003. By the impugned Award, the reference is answered partly in the affirmative and the Petitioner-Bank is directed to reinstate the Respondent-Workmen in service with 30% backwages and other consequential benefits with continuity of service. The Tribunal has further directed regularisation of services of the Respondent-Workmen at par with other similarly placed workmen as per their seniority and in accordance with the settlement.
2. Petitioner is a nationalized Bank carrying on banking operations through various branches. Respondents, who are 45 in number, were apparently engaged on daily wages and on day-to-day basis on different branches of the Petitioner-Bank to meet the exigency of service. Their engagements were made in informal manner without subjecting them to any selection process. They were engaged at different points of time during 1990’s and were apparently utilised as Peons in various branches by the respective Bank Managers. In August, 2002, Resp
Termination of employment found unlawful under ID Act; reinstatement not automatic; compensation awarded instead.
The court upheld that an employee's continuous service of over 240 days entitles him to protections under the Industrial Disputes Act, and any termination without adherence to statutory requirements ....
Termination of daily-wage employees lacks grounds for immediate reinstatement; instead, procedural violations prompt compensation under Section 25F of the Industrial Disputes Act.
The court established that reinstatement with back wages is not automatic for ad-hoc workers and that compensation may suffice if formal appointment procedures are not followed.
The court upheld the illegal termination of the respondents/workmen and their entitlement to reinstatement with full back wages and other consequential benefits under the Industrial Disputes Act, 194....
Since litigious employer has gone back and forth from this Court before the Single Judge to the Division Bench and then Supreme Court and back on two occasions rendering the workman without the fruit....
However, wherever it is found that similarly situated workmen are regularized by the employer itself under some scheme or otherwise and the workmen in question who have approached Industrial/Labour C....
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