Back
SATISH CHANDRA SHARMA, SANJEEV NARULA
Karanvir Singh – Appellant
Versus
Dy. General Manager State Bank of India – Respondent
JUDGMENT
Satish Chandra Sharma, C.J. (Oral)
1. The instant LPA has been preferred by the Appellant, praying that the judgment dated 23.12.2022 passed by the Learned Single Judge in W.P.(C) No. 18065/2004 be set aside. The Appellant herein had filed the underlying writ petition challenging the Award dated 19.07.2004 passed by the Presiding Officer, Central Government Industrial Tribunal (CGIT), New Delhi in I. D. No. 181/198.
2. The facts of the case reveal that the Appellant (writ petitioner) - as stated in the writ petition, was recruited in the services of State Bank of India in the month of January 1983 as a Messenger-cum-Water Boy at Nangli Sakrawati Branch of the State Bank of India and continued up to December 1986. As per the statement of the Petitioner, he was re-engaged by the State Bank of India as a Messenger-cum-Water Boy in the same branch in the month of January 1989 and continued to work up to 31.11.1997.
3. The Petitioner - while he was in service, raised an industrial dispute claiming regularisation and the conciliation proceedings resulted in failure. The Reference was forwarded to the Central Government Industrial Tribunal for adjudication and the same reads as
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 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 main legal point established in the judgment is that a workman's reinstatement under a tripartite settlement does not necessarily deprive the workman of the right to claim regularization, especia....
The court upheld the Tribunal's awards for employee regularization, emphasizing the prohibition of unfair labor practices under the Industrial Disputes Act, while clarifying the need for state approv....
The main legal point established is that the voluntary resignation of the workman led to the denial of relief under the Industrial Disputes Act.
The main legal point established in the judgment is the court's adherence to the principles of unfair labour practices, the employer's obligation to regularise employees, and the limitations of the c....
The obligation of the employer to regularise the service of workmen and the prohibition against unfair labour practices under Section 25T of the Industrial Disputes Act 1947.
The main legal point established in the judgment is that a dispute under the Industrial Disputes Act can only be considered a dispute if a specific demand has been made by the workmen, and any refere....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
