IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.11.2019 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.26987 of 2004 and W.P.M.P.No.32873 of 2004 The Lakshmi Vilas Bank Limited, Kathaparai, Karur, Karur District, rep.by its Chairman ..Petitioner Vs.

1.The Presiding Officer, Central Government Industrial Tribunal Shastri Bhavan, First Floor, 'B' Wing, 26, Haddows Road, Chennai – 600 006

2.S.Subramaniam ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the 1^st respondent in I.D.No.342 of 2001 and quash its Award dated 14.01.2004.

For Petitioner : Mr.S.Haroon AL.Rasheed For M/s.T.S.Gopalan & Co For Respondents : R1 – Tribunal Mr.K.M.Ramesh [For R2]

O R D E R The Award dated 14.01.2004 passed in I.D.No.342 of 2001 is under challenge in the present writ petition.

2. The writ petition in W.P.No.26987 of 2004 was filed by the Management of the Lakshmi Vilas Bank Limited. The writ petition in W.P.No.27238 of 2004 was filed, challenging the very same Award by the workman namely Mr.S.Subramaniam. The facts in both the writ petitions are one and the same. The common facts required to be considered in both the writ petitions are that the workman namely Mr.S.Subramaniam was appointed as Jewel Appraiser on commission basis. On account of non-employment, the workman was constrained to raise an industrial dispute before the Central Government Industrial Tribunal-cum-Labour Court, raising several grounds and ultimately, sought for the relief for reinstatement with back wages. The Industrial Tribunal, in lieu of reinstatement, awarded compensation and not satisfied with the compensation, the workman filed the writ petition and the Management of the Lakshmi Vilas Bank filed the writ petition on the ground that the Jewel Appraisers are not the regular employees of the Bank and they are engaged on commission basis and therefore, the workman is not entitled for any relief.

3. The learned counsel appearing on behalf of the Management of Lakshmi Vilas Bank reiterated that the Bank engaged the Jewel Appraisers on commission basis and therefore, they cannot claim any permanent status. The Bank used the jewel loan to the customers and in order to assess the value of the gold jewellery, the Bank used to engage the Jewel Appraisers in order to find out the quality and the weight of the jewels submitted by the borrowers. The work of the Jewel Appraisers does not require control or supervision by the Bank officials. The traditional Goldsmiths are invariably engaged as Jewel Appraisers and they have their own occupation. Such a practice is being adopted by other Banks also. Some other banks engaged jewel appraisers on retainer basis. The charges to be paid to the Jewel Appraisers are debited to the account of the borrower and therefore, the services rendered by the Jewel Appraiser are only the services rendered to the borrower. There is no minimum guaranteed remuneration to the Jewel Appraisers. They are paid only commission on the value of the jewel loans sanctioned subject to a minimum amount for each loan. They are free to carry on their own occupation, the only condition being that they should not undertake the work of jewel appraisal for any other bank or financial institution. They are not required to attend to any work other than appraisal of gold jewels. They are not subject to disciplinary control of the Bank officials. The engagement of Jewel Appraisers is similar to the engagement of a Lawyer, Auditor or a Medical Consultant. The Jewel Appraisers are also clearly informed that their engagement would not amount to employment in the services of the Bank.

4. On 29.05.1989, the workman Mr.S.Subramaniam was engaged as jewel Appraiser on commission basis with effect from

01.06.1989 at Tirunelveli Branch. On receipt of application for Jewel loans, the workman used to attend the Bank only on Tuesdays, Wednesdays and Thursdays. The Jewel Appraiser