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2023 Supreme(Del) 2234

GAURANG KANTH
State Bank of India – Appellant
Versus
Mohan Singh Bedi – Respondent


Advocates appeared:
Mr. Rakesh Munjal, Senior Advocate with Mr. Siddharth Sangal, Mr.Nilanjani Tandon, Mr. Lalit Allawadhi, Mr. Chirag Sharma and Ms. Richa Mishra, Advocates, for the Petitioner.
Mr. K.K. Rai, Senior Advocate with Mr. Piyush Sharma, Mr. Anshul Rai, Mr. Shivam Dubey and Ms. Sreoshi Chatterjee, Advocates, for the Respondent.

JUDGMENT

Gaurang Kanth, J.

1. The present Writ Petition emanates from the judgment dated 19.07.2007 ("Impugned Award"), passed by the learned Industrial Tribunal Cum Labour Court-II, New Delhi in I.D. No. 80/2001 titled as Shri Mohan Singh Bedi v. The Dy. General Manager, State Bank of India. Vide the Impugned Award, the learned Labour Court allowed the petition filed by the Respondent/Workman and held that the Respondent/Workman was a Messenger throughout his 10 years of service at the DPS extension counter of the Bank and not a contractual employee. Learned Labour Court further held that the Respondent/Workman had performed 240 days of service at least in the years 1991-1999 and directed the Petitioner to reinstate the Respondent/Workman with 100% backwages. The Petitioner vide the present petition is inter alia praying to set aside the Impugned Award.

FACTS GERMANE TO THE PRESENT WRIT PETITION ARE AS FOLLOWS:

2. At the outset, it is the case of the Respondent/Workman that he was appointed as a full-time Messenger at the Petitioner/Bank at Ring Road, Lajpat Nagar Branch, to augment the strength of the subordinate staff with effect from 16.06.1990 at a fixed salary of Rs.2,000 p.m

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