1. Petitioner Bank of India (hereinafter referred to as the "Bank") is aggrieved by the Award dated 31.12.2007 (Annexure-1) passed by the Presiding Officer, Industrial Tribunal, Patna in Reference Case No. 13(c) of 2004, whereunder the services of Respondent No. 2 who was engaged by the Rajkharwar Branch (hereinafter referred to as the "Branch") of the Bank to serve as Sweeper has been directed to be regularized on the post of Sweeper with effect from 29.3.1990, the date on which he was initially engaged by the Branch to discharge the duties of Sweeper.

2. Challenge is raised on the ground that engagement of Respondent No. 2 in the Branch having been made without observing the mandate of Articles 14 and 16 of the Constitution of India the service rendered by him to the Branch cannot be taken into account for his regularization in the service of the Bank. Further it is submitted that Respondent No. 2 was a casual worker engaged by the Branch Manager without approval of the competent authority, his services could not have been directed to be regularized as he never served the Bank for 240 days in any calendar year. It is also pointed out that as and when Respondent No. 2 was