The main legal point established in the judgment is that while the petitioners were entitled to reinstatement, the denial of back wages was upheld based on the nature of the work and the fact that they were not regularly appointed employees.

Sr. No.

Relevant Facts of the Case

a.

Petitioner No.1, namely, Hori Lal was appointed on temporary basis on the post of Messenger in May, 1972 in State Bank of India, Swaroop Nagar Branch, Kanpur. He worked on the said post till 29.08.1978 and his service was terminated vide order dated 30.08.1978.

b.

Petitioner No.2, namely, Sundar Lal worked on the post of Messenger at Main Branch of State Bank of India at Kanpur w.e.f. 14.07.1975 to 05.01.1978 and for five days in November, 1978 i.e. for a period of 370 days. His service was terminated on 17.11.1978.

c.

Petitioner No.3, namely, Hari Shankar worked on the post of Messenger /Waterboy in State Bank of India from April, 1974 to August, 1978 for a period of 721 days. His service was terminated on 16.08.1978.

d.

Petitioner No.4, namely, Bramha Prakash worked on the post of Messenger in State Bank of India, Mahatma Gandhi Marg, Kanpur w.e.f. 09.03.1972 to 11.11.1976 i.e. for a period of 446 days. His service was terminated on 16.11.1978.

e.

The petitioners are workmen as defined under Section 2(s) of Industrial Disputes Act, 1947 and they are alleging that their services have been terminated in violation of provisions of Section 25-F, 25-G & 25-H of Industrial Disputes Act, 1947 and against the provisions of Bank Award / Bipartite Settlement.

f.

It is alleged that juniors to the petitioners were retained in service and the petitioners were illegally terminated and after termination of their services, fresh candidates were appointed by the concerned banks on their place.

g.

The Central Government, Ministry of Labour vide notification No.L-12012/167/79-D(II)(A) dated 02.07.1984 (I.D. No.57/84) referred the dispute for adjudication to Central Government Industrial Disputes cum Labour Court, Kanpur on the point that, "whether the action of the management of State Bank of India, Kanpur in terminating the services of Sri Hori Lal, Sundar Lal, Hari Shankar and Bramha Prakash w.e.f. 30.08.1978, 17.11.1978, 16.08.1978 & 16.11.1978, respectively, was justified in view of provisions of Section 25-F, 25-G & 25-H of Industrial Disputes Act, 1947 and if not, then to what relief they are entitled ?"

h.

The aforesaid dispute was registered as reference No.L-12012/167/79-D III(A) dated 02.07.1984 (Industrial Dispute No.57 of 54; Hori Lal and others Vs. Management of State Bank of India).

i.

The Presiding Officer, Central Government Industrial Disputes Tribunal cum Labour Court, Kanpur decided the said dispute vide award dated 18.03.1986 and it was held that the action of the management of the State Bank of India, Kanpur in terminating the services of the petitioners was not justified in view of Section 25-G&H of Industrial Disputes Act, 1947 as well as the same is violative of para 522(4) of Shashtri Award and it was held