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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Rabi Shankar Das – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred challenging an award dated December 6, 2023 passed by the learned Central Government Industrial Tribunal at Kolkata under Reference No.23 of 2018 and published in the Gazette of India dated February 20, 2024.
2. The petitioner’s case is that the Ministry of Labour, Government of India, in exercise of powers conferred by Sections 10(1)(d) and 10(2A) of the Industrial Disputes Act, 1947 referred a dispute for adjudication before the learned Central Government Industrial Tribunal, Calcutta vide Memo No.12011/28/92(RB) dated April 27, 1992. The issue referred for adjudication is as follows:-
“Whether the demand of All Bank Canteen Employees Union (Calcutta) that canteen staff, employed by the canteen at the premises of Indian Bank, should be given regular appointment in the services of the Bank with minimum salary payable to regular appointment in the Bank, is justified ? If not, to what relief are the workmen concerned entitled ?”
3. During the pendency of the said reference before the learned Tribunal, number of correspondences were made between the Bank and the Indian Bank Employees’ Union, which subsequently cu
Court affirmed petitioners' entitlement to benefits under a prior settlement, emphasizing the management's unjust refusal to regularize their positions.
The main legal point established in the judgment is that the termination of employees must adhere to the provisions of the Industrial Disputes Act, 1947, and the violation of statutory provisions ren....
Regularization of services – Having allowed workmen to put in regular service to its own benefit for over two decades, management can no longer claim an indefeasible right to continue with and canvas....
Regularization of service under labor laws requires formal adherence to established processes; mere employment duration without appropriate applications does not confer entitlement.
The court's decision emphasized the importance of proving regularisation claims under relevant settlement agreements and upheld the Tribunal's findings based on evidence.
The court ruled that an artificial break in service constitutes unfair labor practice, warranting regularization of workmen from the date of reference despite contractual employment.
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