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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Employers in relation to the Management of the Punjab National Bank – Appellant
Versus
Central Government Industrial Tribunal – Respondent
JUDGMENT :
This writ petition has been filed on behalf of the Employer-Management of the Punjab National Bank for the issuance of a writ/writs/or order/orders of direction/directions for quashing the Award dated 29.10.2009 passed by the Presiding Officer, Central Government Industrial Tribunal No.1, Dhanbad in Reference No. 161 of 2000 whereby the Employer- Management of Punjab National Bank is directed to reinstate and thereby regularize the services of the Workman-Respondent No.3 with all benefits from the date of termination of his services.
2. Heard Mr. Pratyush Kumar, learned Counsel for the Petitioner-Bank and Mr. Rajiv Kumar Karan, learned counsel for the Union of India.
3. It is submitted by the learned Counsel for the petitioner-Bank that the impugned Award dated 29.10.2009 passed by the learned Presiding Officer, Central Government Industrial Tribunal No.1, Dhanbad in Reference Case No. 161 of 2000 is illegal, arbitrary and not sustainable in the eye of law.
It is submitted that the Respondent No.3 was not at all a workman under the erstwhile New Bank of India or the petitioner and as such the entire proceeding is completely without jurisdiction.
It is submitted that the Respo
Differential treatment of similarly situated employees violates equality under Article 14; non-regularization of a long-serving workman in contrast to others amounts to unjust discrimination.
The absence of a formal appointment letter does not negate the existence of an employer-employee relationship, and termination without compliance with legal requirements is deemed illegal.
The classification of an employee as a 'workman' depends on the actual nature of their duties rather than job titles, reaffirming the need for careful evidence evaluation under the Industrial Dispute....
The court determined that the tribunal misapplied the law regarding employment and erred in concluding the existence of an employer-employee relationship, necessitating the annulment of the reinstate....
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 termination of an employee without due process is illegal, and the burden of proof lies with the employer to substantiate claims of non-employment.
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