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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Regional Manager, Bank Of Baroda – Appellant
Versus
Presiding Officer, Central Industrial Tribunal – Respondent
JUDGMENT :
ANAND SHARMA, J.
1. Feeling aggrieved by award dated 20.01.2000 passed by the Industrial Tribunal, Jaipur in case No. CIT 19/1995, the petitioner has filed the instant writ petition under Articles 226 and 227 of the Constitution of India.
2. It has been submitted in the writ petition that the petitioner is a Nationalized Bank having Branches in the entire country and its regular staff is employed by following during procedure contemplated in the Rules prevailing in petitioner-Bank.
3. However, in order to clear the over burden of work, as per contingencies, casual and purely temporary arrangements are made by the Branch Manager of respective Branches by engaging daily wagers, who are never considered to be regular employee of the petitioner-Bank.
4. It has been stated by the petitioner that respondent- workman was earlier engaged by the Power House Branch of petitioner-Bank from 03.07.1991 to 17.09.1991 for a period of 62 days. Thereafter, after a considerably long period, he was engaged by the Branch Manager of M.I. Road Branch of petitioner-Bank from 07.04.1992 to 13.06.1992 for a period of 65 days. Thereafter, services of the respondent-workman were discontinued from M.I.
The court held that the burden of proof for establishing continuous service lies with the workman, and failure to demonstrate working for 240 days results in the dismissal of claims under the Industr....
Continuous service under the Industrial Disputes Act requires either uninterrupted service for one year or 240 days worked in the preceding twelve months; failure to establish either ground results i....
The requirement for continuous service under the Industrial Disputes Act includes clear definitions for interrupted service but mandates proof of 240 days of service within the preceding 12 months, w....
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 ....
The interpretation of 'continuous service' under Section 25-F of the Industrial Disputes Act includes all days worked, and any termination without following due process is deemed illegal.
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