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2021 Supreme(J&K) 366

SANJEEV KUMAR
Punjab and Sind Bank – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. K.S. Puri, Advocate
For the Respondent(s):Mr. D.S. Saini, Advocate

JUDGMENT :

Sanjeev Kumar, J.

1. Punjab and Sind Bank (hereinafter referred to as the ‘employer’) is aggrieved and has challenged award dated 26.03.2010 passed by respondent No.2-Presiding Officer, Central Government Industrial Tribunal cum Labour Court-1, Chandigarh [‘Tribunal’] in so far as it relates to respondent No.4 [‘workman’].

2. Briefly stated the facts, leading to the filing of instant petition, as are gatherable from the impugned award, are that the workman moved an application before respondent No.3 on 16.05.2005 stating therein that he was engaged by the Branch Manager of the employer as peon on temporary basis on 04.10.1989 and continued as such till June 1993 and that he had rendered services of about 400 days with the employer. It was submitted by the workman that as per the practice and scheme of the Bank in vogue, a panel of temporary peons engaged by the Bank in its J&K region had been drawn in which the name of workman figured at S.No.1. It was further the contention of the workman that the Branch Manager concerned threatened the workman to disengage him to accommodate some other person. The Branch Manager concerned executed his threat and, accordingly, disengaged t

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