MANAGER NOW REGIONAL DIRECTOR R B I Vs. GOPINATH SHARMA
LAWS(SC)-2006-7-8
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on July 17,2006

MANAGER (NOW REGIONAL DIRECTOR) R.B.I Appellant
VERSUS
GOPINATH SHARMA Respondents





Cited Judgements :-

MAHANAGAR TELEPHONE NIGAM LTD VS. SWAMI VIVEKANAND SHIKSHAN SANSTHA [LAWS(BOM)-2010-7-33] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. SUNDARI [LAWS(DLH)-2014-3-235] [REFERRED TO]
STATE OF HARYANA VS. NEEL KANTH [LAWS(P&H)-2007-10-172] [REFERRED]
BALBIR SINGH VS. PRESIDING OFFICER, LABOUR COURT, LUDHIANA [LAWS(P&H)-2007-8-235] [REFERRED]
MANAGEMENT OF FOOD CORPN OF INDIA VS. CENTRAL GOVT INDUSTRIAL TRIBUNAL [LAWS(GAU)-2007-1-72] [REFERRED TO]
SANTOSH KUMAR BABULAL GUPTA VS. SUB AREA MANAGER [LAWS(BOM)-2009-9-191] [REFERRED TO]
MATUKDHARI PRASAD VS. CENTRAL COALFIELDS LIMITED [LAWS(JHAR)-2020-12-65] [REFERRED TO]
RAMESH KUMAR MANDAL VS. BHARAT COKING COAL LIMITED [LAWS(JHAR)-2013-4-60] [REFERRED TO]
MANAGEMENT OF EXECUTIVE ENGINEER VS. PRESIDING OFFICER, LABOUR COURT [LAWS(ORI)-2016-9-122] [REFERRED TO]
DIRECTOR, CENTRAL SHEEP BREEDING FARM, HISAR VS. PRESIDENT, DISTRICT AGRICULTURE WORKERS UNION, HISAR AND ANOTHER [LAWS(P&H)-2008-4-219] [REFERRED]
DIRECTOR MAHARAJ AGARSEN MEDICAL RESEARCH AND EDUCATION SOCIETY VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, HISAR [LAWS(P&H)-2007-11-184] [REFERRED]
EXECUTIVE ENGINEER, HARYANA STATE AGRICULTURE MARKETING BOARD, PANIPAT VS. RAVINDER SINGH KADYAN [LAWS(P&H)-2007-12-171] [REFERRED]
REGIONAL ENGINEERING, COLLEGE, NOW NATIONAL INSTITUTE OF TECHNOLOGY (DEEMED UNIVERSITY), KURUKSHETRA VS. PRESIDING OFFICER, LABOUR COURT [LAWS(P&H)-2007-9-210] [REFERRED]
CHIEF ENGINEER, RSD, IRRIGATION WORKS AND ANOTHER VS. SURESH KUMAR AND ANOTHER [LAWS(P&H)-2008-10-144] [REFERRED]
HOTEL JAIPUR ASHOK JAI SINGH VS. JUDGE LABOUR COURT [LAWS(RAJ)-2012-2-5] [REFERRED TO]
VICE CHANCELLOR, KURUKSHETRA AND ORS. VS. RAJ RANI AND ORS. [LAWS(P&H)-2015-10-194] [REFERRED TO]
DIRECTOR VS. SURINDER KUMAR [LAWS(P&H)-2008-4-172] [REFERRED]
DIRECTOR VS. RAGHBIR SINGH [LAWS(P&H)-2008-4-157] [REFERRED]
DIVISIONAL FOREST OFFICER VS. MANGAT RAM & ANOTHER [LAWS(P&H)-2008-11-180] [REFERRED]
GOVERNMENT COLLEGE SECTOR 1 LABOUR COURT AMBALA VS. PRESIDING OFFICER LABOUR COURT [LAWS(P&H)-2008-9-11] [REFERRED TO]
SANJAY KUMAR VS. PRESIDING OFFICER [LAWS(P&H)-2008-5-187] [REFERRED]
NATIONAL ORGANIC CHEMICAL INDUSTRIES LIMITED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-4-174] [REFERRED TO]
STATE BANK OF INDIA VS. DEVESH KUMAR SHARMA AND ORS. [LAWS(DLH)-2018-4-528] [REFERRED TO]
BOTAD NAGAR PALIKA VS. K.P. NATHANI [LAWS(GJH)-2015-3-192] [REFERRED TO]
STEEL AYTHORITY OF INDIA VS. SECRETARY GOVT OF INDIA [LAWS(KAR)-2008-4-28] [REFERRED TO]
Management of Department of Tele Communication VS. Satish Deo Ram [LAWS(JHAR)-2008-7-162] [REFERRED TO]
TATA STEEL LIMITED VS. CONCERNED WORKMAN [LAWS(JHAR)-2020-8-50] [REFERRED TO]
JANTA MAZDOOR SANGH VS. UNION OF INDIA [LAWS(JHAR)-2020-12-56] [REFERRED TO]
BAJAJ AUTO LINITED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-12-38] [REFERRED TO]
KALAWATI PANDURANG FULZELE VS. DIVISIONAL COUNCILLER M S R T C CHANDRAPUR [LAWS(BOM)-2007-6-192] [REFERRED TO]
SUB-DIVISIONAL ENGINEER VS. SARANG MAROTRAO GURNULE [LAWS(BOM)-2008-3-62] [REFERRED TO]
HINDUSTAN ENGINEERING INDUSTRIES LTD. AND ORS. VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-9-82] [REFERRED TO]
STATE OF GUJARAT VS. JESHANKAR SHIVSHANKAR [LAWS(GJH)-2011-1-203] [REFERRED TO]
SATPAL VS. THE PRESIDING OFFICER, LABOUR COURT, AMBALA AND ANOTHER [LAWS(P&H)-2012-5-628] [REFERRED TO]
DEPUTY COMMISSIONER, MUKTSAR VS. PRESIDING OFFICER, LABOUR COURT, BATHINDA [LAWS(P&H)-2007-9-194] [REFERRED]
HARYANA URBAN DEVELOPMENT AUTHORITY VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL CUM LABOUR COURT, GURGAON [LAWS(P&H)-2007-12-189] [REFERRED]
MAHANAGAR TELEPHONE NIGAM LTD VS. DEEPAK SADASHIV SHRIKANDE [LAWS(BOM)-2010-7-5] [REFERRED TO]
U P STATE ELECTRICITY BOARD GHAZIPUR VS. PRESIDING OFFICER LABOUR COURT VARANASI [LAWS(ALL)-2008-10-60] [REFERRED TO]
MANAGER MUSLIM MUSAFIR KHANA MOTI DOONGRI JAIPUR VS. ZAHIR KHAN [LAWS(RAJ)-2016-7-5] [REFERRED TO]
DIVISIONAL MARKETING MANAGER VS. STATE [LAWS(UTN)-2010-3-9] [REFERRED TO]
CAUVERY NEERAVARI NIGAMA LIMITED VS. SHANTHA [LAWS(KAR)-2008-1-54] [REFERRED TO]
RASTRIYA MAZDOOR UNION VS. UNION OF INDIA [LAWS(JHAR)-2020-12-58] [REFERRED TO]
MAHESH KUMAR VS. PRESIDING OFFICER [LAWS(P&H)-2008-4-175] [REFERRED]
EXECUTIVE ENGINEER, PWD (B&R) ROHTAK VS. KARAMBIR SINGH AND ANOTHER [LAWS(P&H)-2008-10-171] [REFERRED]
DIVISIONAL FOREST OFFICER AND ANOTHER VS. CHAMAN AND ANOTHER [LAWS(P&H)-2008-11-177] [REFERRED]
MEHAM CO OPERATIVE SUGAR MILL LTD VS. PRESIDING OFFICER [LAWS(P&H)-2008-9-14] [REFERRED TO]
STATE OF HARYANA VS. BHAGWATI WIDOW OF LAL CHAND [LAWS(P&H)-2007-10-181] [REFERRED]
EXECUTIVE ENGINEER H U D A VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL CUM LABOUR COURT [LAWS(P&H)-2007-7-4] [REFERRED TO]
MUNICIPAL COUNCIL VS. PRESIDING OFFICER, LABOUR COURT [LAWS(P&H)-2014-10-11] [REFERRED TO]
JAGDISH PRASAD SHARMA VS. STATE OF RAJASTHAN AND OTHERS [LAWS(RAJ)-2006-10-85] [REFERRED]
SAHEB SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2013-4-56] [REFERRED TO]
RAJIV KUMAR VS. THE PRESIDING JUDGE, INDUSTRIAL TRIBUNAL & OTHERS [LAWS(HPH)-2016-7-101] [REFERRED TO]
RAGHUNATH AMBADAS HATGALE AND ORS. VS. THE DIVISIONAL CONTROLLER AND DEPOT MANAGER [LAWS(BOM)-2015-7-165] [REFERRED TO]
BAJAJ AUTO LIMITED VS. STATE OF MAHARASHTRA LABOUR DEPARTMENT [LAWS(BOM)-2006-12-163] [REFERRED TO]
ANOOP SHARMA VS. EXECUTIVE ENGINEER PUBLIC HEALTH DIVISION [LAWS(SC)-2010-4-48] [REFERRED TO]
DIRECTOR, PRIMARY EDUCATION, HARYANA VS. SURESH KUMAR [LAWS(P&H)-2014-5-18] [REFERRED TO]
EMPLOYER VS. PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO. 1 [LAWS(JHAR)-2008-3-28] [REFERRED TO]
PRITI PAL VS. PRESIDING OFFICER AND OTHERS [LAWS(P&H)-2008-1-288] [REFERRED]
STATE OF HARYANA , EXECUTIVE ENGINEER VS. ISHWAR SINGH AND ANOTHER [LAWS(P&H)-2008-4-187] [REFERRED]
KANWAR PAL VS. PRESIDENT, INDUSTRIAL TRIBUNAL [LAWS(P&H)-2007-10-170] [REFERRED]
EXECUTIVE ENGINEER VS. PRESIDING OFFICER LABOUR COURT [LAWS(P&H)-2008-9-12] [REFERRED TO]
RAM SINGH VS. MANAGEMENT OF DELHI TRANSPORT CORPORATION [LAWS(DLH)-2009-7-52] [REFERRED TO]
TARANI SARMAH VS. NUMALIGARH REFINERY LTD. [LAWS(GAU)-2014-9-36] [REFERRED TO]
MANAGEMENT AMBATTUR DAIRY CORPORATION VS. PRESIDING OFFICER [LAWS(MAD)-2009-2-209] [REFERRED TO]
DISTRICT MANAGER, HARYANA AGRO INDUSTRIES CORPORATION LTD., KAITHAL VS. WORKMAN, BHIRA RAM [LAWS(P&H)-2008-7-82] [REFERRED TO]
EXECUTIVE ENGINEER, T.R.W. WORKSHOP VS. PRESIDING OFFICER, LABOUR COURT [LAWS(P&H)-2008-10-87] [REFERRED TO]
HARYANA STATE INDUSTRIAL DEVELOPMENT CORPORATION VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR, COURT GURGAON [LAWS(P&H)-2007-11-183] [REFERRED]
INDIAN BANK EMPLOYEES ASSOCIATION VS. PRESIDING OFFICER CHENNAI [LAWS(MAD)-2011-4-657] [REFERRED TO]
Management of M/s.Andhra Bank VS. Presiding Officer, Industrial Tribunal, Orissa [LAWS(ORI)-2007-6-75] [REFERRED TO]
SUBASH CHANDRA DAS VS. REGISTRAR (AMN.), ORISSA HIGH COURT [LAWS(ORI)-2009-1-52] [REFERRED TO]
BINDESHWARI MAHTO VS. UNION OF INDIA [LAWS(JHAR)-2010-8-146] [REFERRED]
WORKMAN OF BIJLIBARI TEA ESTATE VS. MANAGEMENT OF BIJLIBARI TEA ESTATE [LAWS(GAU)-2010-5-13] [REFERRED TO]
RISHI KUMAR KATIYAR VS. LABOUR COURT [LAWS(ALL)-2007-5-7] [REFERRED TO]
U P POWER CORPORATION LTD VS. PRESIDING OFFICER LABOUR COURT [LAWS(ALL)-2007-8-246] [REFERRED TO]
ZONAL MANAGER, PUNJAB AND SIND BANK VS. RAJ KUMAR [LAWS(P&H)-2007-10-180] [REFERRED]
STATE OF HARYANA VS. RAJBIR OFFICER [LAWS(P&H)-2007-11-179] [REFERRED]
ASHOK KUMAR VS. PRESIDING OFFICER [LAWS(P&H)-2007-12-166] [REFERRED]
DIVISIONL FOREST OFFICER VS. JAGAT SINGH [LAWS(P&H)-2008-11-9] [REFERRED TO]
AJAY GOSWAMI VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2007-9-193] [REFERRED]


JUDGEMENT

- (1.)The appellant, The Manager (Now Regional Director), Reserve Bank of India, Mall Road, Kanpur, aggrieved against the final judgment and order dated 4.9.2003 of the High Court of Judicature at Allahabd in Civil Misc. Writ Petition No. 35290 of 1996, has filed this appeal. The High Court allowed the writ petition filed by the first respondent herein and set aside the award of the Industrial Tribunal/Labour Court and ordered reinstatement on similar post with back wages.
(2.)BACKGROUND FACTS:
Respondent No.1 was advised that he has been wait listed for daily wage casual employment in the Bank at Lucknow office of the Bank. Respondent No.1 applied for consideration of his day-to-day appointment which request was acceded to. In June, 1975, respondent No.1 acquired qualification of High School but did not inform the Bank about the same. Therefore, his name was included in the fresh list from 1.7.1975 to 30.6.1976 and was allowed to work during the aforesaid period. The name of respondent No.1 was not included in the fresh list from 1.7.1976 to 30.7.1977. He made representation for inclusion of his name in the fresh list from 1976-1977. However, his representation was turned down by the Bank. Respondent No.1 again started making representations for taking him back on the basis of the judgment of this Court in H.D. Singh vs. Reserve Bank of India, 1986 AIR(SC) 132 = 1986 AIR(SC) 132 and thereafter raised an industrial dispute before the Assistant Labour Commissioner (Central) Kanpur. The Central Government referred the matter for adjudication to the Labour Court/Industrial Tribunal, Kanpur as under:-

"Whether the action of management of RBI, Kanpur in striking off the name of Gopi Nath Sharma from the list of approved peon-cum-Farash is justified If not, to what relief the concerned workman is entitled -

(3.)On 30.7.1996, an award was passed by the Tribunal rejecting the claim of respondent No.1 on the ground of delay and laches and also on merits holding that since as per evidence adduced before Tribunal, he did not complete the service of 240 days in the Bank, he is not entitled to the benefit of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as "the I.D. Act") or the benefit of the judgment of this Court in H.D. Singh vs. Reserve Bank of India (supra).


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