REGIONAL MANAGER S B I Vs. RAKESH KUMAR TEWARI
LAWS(SC)-2006-1-22
SUPREME COURT OF INDIA
Decided on January 03,2006

REGIONAL MANAGER, S.B.I. Appellant
VERSUS
RAKESH KUMAR TEWARI Respondents





Cited Judgements :-

HIMACHAL PRADESH STATE ELECTRICITY BOARD AND ORS. VS. GHANSHYAM AND ORS. [LAWS(HPH)-2010-6-132] [REFERRED TO]
REGIONAL MANAGER SBI VS. MAHATMA MISHRA [LAWS(SC)-2006-11-19] [REFERRED TO]
HARYANA STATE AGRICULTURAL MARKETING BOARD VS. SUBHASH CHAND [LAWS(SC)-2006-2-38] [REFERRED TO]
STATE OF PUNJAB VS. DAVINDER PAL SINGH BHULLAR [LAWS(SC)-2011-12-10] [REFERRED TO]
PRIYA PAUL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-10-142] [REFERRED TO]
ANURAG TRIPATHI VS. STATE OF U P [LAWS(ALL)-2008-4-75] [REFERRED TO]
STATE BANK OF INDIA VS. ANANDILAL DABKARA [LAWS(MPH)-2023-6-102] [REFERRED TO]
OIL AND NATURAL GAS COR LTD VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL [LAWS(UTN)-2011-9-22] [REFERRED TO]
G KRISHNAMURTHY VS. GENERAL MANAGER SOUTHERN RAILWAYS Ï¿½ 600 003 [LAWS(MAD)-2006-12-83] [REFERRED TO]
K KUMARAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-4-288] [REFERRED TO]
Management of M/s.Andhra Bank VS. Presiding Officer, Industrial Tribunal, Orissa [LAWS(ORI)-2007-6-75] [REFERRED TO]
SATNAM OVERSEAS VS. DEPUTY REGISTRAR OF TRADEMARKS [LAWS(DLH)-2007-5-20] [REFERRED TO]
POONAMCHAND AND OTHERS VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2018-3-524] [REFERRED TO]
SECRETARY, HPSEB VS. PIAR CHAND [LAWS(HPH)-2012-3-400] [REFERRED TO]
GUJARAT STATE FOREST DEVELOPMENT CORPORATION LTD VS. BUDHABHAI KAMJIBHAI NIZAMA [LAWS(GJH)-2006-8-40] [REFERRED TO]
M. JANARTHANAN VS. CHAIRMAN, TAMIL NADU SLUM CLEARANCE BOARD [LAWS(MAD)-2014-6-55] [REFERRED TO]
STATE BANK OF INDIA VS. M.N.JIVNANI [LAWS(BOM)-2013-11-94] [REFERRED TO]
RAGHUNATH AMBADAS HATGALE AND ORS. VS. THE DIVISIONAL CONTROLLER AND DEPOT MANAGER [LAWS(BOM)-2015-7-165] [REFERRED TO]
BALRAM DASS VS. UOI [LAWS(DLH)-2007-10-43] [REFERRED TO]
MANAGEMENT OF UPPER INDRAVATI PROJECT VS. ITS WORKMAN SMT A K DHANPHUL [LAWS(ORI)-2013-3-11] [REFERRED TO]
M/S. N.K. INDUSTRIES VS. PRESIDING OFFICER AND ANOTHER [LAWS(P&H)-2018-2-212] [REFERRED TO]
GANGADHAR NARAYAN NAYAK @ GANGADHAR HIREGUTTI VS. STATE OF KARNATAKA [LAWS(SC)-2022-3-59] [REFERRED TO]
GUJARAT AUDHYOGIK KAMDAR VS. ALINDHRA REX PRO ENGINEERS [LAWS(GJH)-2012-6-118] [REFERRED TO]
NATHA SINGH VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT [LAWS(P&H)-2014-7-37] [REFERRED TO]
BAJAJ AUTO LIMITED VS. STATE OF MAHARASHTRA LABOUR DEPARTMENT [LAWS(BOM)-2006-12-163] [REFERRED TO]
GENERAL MANAGER AND HIS SUCCESSOR IN OFFICE, NAIGAUM, KOHINOOR MILLS, MUMBAI VS. MANGALA CHANDRAKANT NADKARNI [LAWS(BOM)-2006-8-289] [REFERRED]
THE MANAGEMENT, BHARATPUR NUTRITIONAL PRODUCTS LTD. VS. ISHWAR CHAND [LAWS(RAJ)-2007-12-49] [REFERRED TO]
G M STATE BANK OF BIKANER VS. RAJEEV SHARMA [LAWS(ALL)-2012-1-127] [REFERRED TO]
BHOGPUR CO OP SUGAR MILLS LTD VS. HARMESH KUMAR [LAWS(SC)-2006-11-178] [REFERRE DTO]
RITESH TEWARI VS. STATE OF UP [LAWS(SC)-2010-9-55] [REFERRED TO]
INDIAN SMELTING AND REFINING CO. LTD. VS. SARVA SHRAMIK SANGH [LAWS(BOM)-2008-10-203] [REFERRED TO]
ARUNAVA SASMAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-1-39] [REFERRED TO]
HINDUSTAN LEVER LIMITED VS. INDUSTRIAL TRIBUNAL IV NEW AGRA [LAWS(ALL)-2007-7-46] [REFERRED TO]
BHAVNAGAR MUNICIPAL CORPO VS. SHAILESH MANSINHBHAI SOLANKI [LAWS(GJH)-2014-6-152] [REFERRED TO]
RAJEEV BHARDWAJ VS. STATE OF H. P. [LAWS(HPH)-2021-3-28] [REFERRED TO]
STATE BANK OF INDIA VS. MUKESH KUMAR [LAWS(MPH)-2018-7-128] [REFERRED TO]
ARINGAR ANNA PRIMARY AGRICULTURAL CO-OPERATIVE BANK VS. PRESIDING OFFICER [LAWS(MAD)-2013-3-189] [REFERRED TO]
M.C.D. VS. RAJPAL AND ORS. [LAWS(DLH)-2011-5-470] [REFERRED TO]
THE SHRIRAMPUR MUNICIPAL COUNCIL SHRIRAMPUR VS. LAXMAN CHIMAJI NAMDE AND ORS. [LAWS(BOM)-2015-9-22] [REFERRED TO]
AHMEDABAD MUNICIPAL CORPO VS. RAJENDRA N SONI [LAWS(GJH)-2021-7-326] [REFERRED TO]
HORI LAL VS. PRESIDING OFFICER CENTRAL GOVT. INDUSTRIAL TRIBUNAL CUM L.C. [LAWS(ALL)-2023-4-81] [REFERRED TO]
RAMLALA VS. STATE OF U.P [LAWS(ALL)-2023-11-63] [REFERRED TO]
DISTRICT DEVELOPMENT OFFICER VS. KARSANBHAI RAMJIBHAI JALADIYA [LAWS(GJH)-2007-8-20] [REFERRED TO]
MADURANTHAGAM COOPERATIVE SUGAR MILLS OFFICE STAFF ASSOCIATION KANCHEEPURAM DISTRICT VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL CHENNAI [LAWS(MAD)-2011-4-608] [REFERRED TO]
BAJAJ AUTO LINITED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-12-38] [REFERRED TO]
GENERAL MANAGER, PUNJAB ROADWAYS, TARN TARAN VS. SARDAR MASIH & ANOTHER [LAWS(P&H)-2007-3-466] [REFERRED]
State of H.P. VS. Prem Lal [LAWS(HPH)-2009-12-47] [REFERRED TO]
JAIPUR DEVELOPMENT AUTHORITY VS. RAM SAHAI [LAWS(SC)-2006-10-94] [REFERRED TO]
AJAY KUMAR SHARMA VS. STATE OF U.P. [LAWS(ALL)-2014-11-14] [REFERRED TO]
RAVINDRA SINGH VS. GRASIM INDUSTRIES LIMITED AND OTHERS [LAWS(MPH)-2018-1-509] [REFERRED TO]
BHOPAL MEMORIAL HOSPITAL AND RESEARCH CENTRE VS. NIRAKAR DUBEY S/O. LALJI DUBEY [LAWS(MPH)-2018-4-371] [REFERRED TO]
NATIONAL TEXTILE COR LTD VS. DHONDU SHANTARAM TULASKAR [LAWS(BOM)-2013-5-95] [REFERRED TO]
D MOHAN VS. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT [LAWS(MAD)-2006-7-259] [REFERRED TO]
FINLAY MILLS VS. SUPRIYA S GHUGARE [LAWS(BOM)-2006-4-132] [REFERRED TO]
NATIONAL TEXTILE CORPORATION MAHARASHTRA NORTH LIMITED VS. RAMESH R SHIRSAT [LAWS(BOM)-2006-8-64] [REFERRED TO]
CALCUTTA JUTE MFG CO LTD VS. FIRST INDUSTRIAL TRIBUNAL [LAWS(CAL)-2006-6-20] [REFERRED TO]
HIMACHAL PRADESH STATE ELECTRICITY VS. CHARAN DASS [LAWS(HPH)-2012-3-13] [REFERRED TO]
STATE BANK OF INDIA VS. BEERO [LAWS(DLH)-2014-4-75] [REFERRED TO]
RAMESHWAR DAYAL VS. PRESIDING OFFICER LABOUR COURT NO VI [LAWS(DLH)-2007-4-29] [REFERRED TO]
GUMAN SINGH VS. THE UNION OF INDIA AND OTHERS [LAWS(HPH)-2016-5-63] [REFERRED TO]
NATIONAL TEXTILE CORPORATION VS. DHAONDU SHANTARAM TULASKAR [LAWS(BOM)-2012-12-146] [REFERRED TO 8]
THE DIRECTOR CENTRAL FARM MACHINERY TRAINING & TESTING INSTITUTE VS. SMT. UMMI BAI [LAWS(MPH)-2018-2-168] [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. SUNDARI [LAWS(DLH)-2014-3-235] [REFERRED TO]
RAJESH MEENA VS. MUNICIPAL COUNCIL NAGDA [LAWS(MAD)-2018-3-24] [REFERRED TO]
BIMAL KUMAR SHARMA VS. DISTRICT MAGISTRATE/COLLECTOR G B NAGAR [LAWS(ALL)-2008-4-200] [REFERRED TO]
MONISHANKAR HAZRA VS. STATE OF HARYANA [LAWS(P&H)-2022-3-191] [REFERRED TO]
MAHARASHTRA STATE POWER GENERATION COMPANY LIMITED VS. SURESH SHANTARAM GHODE [LAWS(BOM)-2010-4-15] [REFERRED TO]
R XAVIER VS. STATE OF GUJARAT [LAWS(GJH)-2014-9-127] [REFERRED TO]
ASHOK KUMAR VS. M C D [LAWS(DLH)-2007-10-18] [REFERRED TO]
GUJARAT WATER SUPPLY AND SEWERAGE BOARD VS. RAMJI SAVA MAYATRA [LAWS(GJH)-2021-10-721] [REFERRED TO]
RAJESH MEENA VS. MUNICIPAL COUNCIL NAGDA [LAWS(MPH)-2018-3-531] [REFERRED TO]
GUJARAT WATER SUPPLY AND SEWERAGE BOARD VS. UDAY CHANDRAKANT RAWAL [LAWS(GJH)-2014-10-46] [REFERRED TO]
DIVISIONAL FOREST OFFICER, SEED COLLECTION DIVISION, HARYANA VS. RESHMA DEVI [LAWS(P&H)-2014-3-529] [REFERRED TO]
OIL AND NATURAL GAS CORPORATION VS. KRISHAN GOPAL [LAWS(SC)-2020-2-20] [REFERRED TO]
RAYMOND UCO DENIM PRIVATE LTD. VS. PRAFUL WARADE [LAWS(BOM)-2021-8-87] [REFERRED TO]
CATALYST INDIA PRIVATE LTD VS. BANWARI ALIAS BANZARU MUKRAM RAJBHOR [LAWS(BOM)-2007-12-30] [REFERRED TO]
GODAWANI MARATHWADA PATBANDHARE VIKAS MAHAMANDAL VS. DEVIDAS GANPAT PAWAR [LAWS(BOM)-2009-10-96] [REFERRED TO]
EXECUTIVE ENGINEER VS. GULAB BEGUBHAI SHAIKH [LAWS(BOM)-2009-10-106] [REFERRED TO]
SHRADHANAND ANATHALAYA VS. ASHA BHOJRAJ SHENDE [LAWS(BOM)-2009-2-95] [REFERRED TO]


JUDGEMENT

Ruma Pal, J. - (1.)Leave granted.
(2.)The respondent was employed as a messenger on a daily wage in a branch of the appellant-Bank. No appointment letter was issued to him but he worked for 87 days in that capacity. The question in this appeal is whether the Labour Court had correctly found that the termination of the respondents service in 1982 was violative of Section 25-G of the Industrial Disputes Act, 1947 (referred to as the Act).
(3.)After the respondent ceased to serve with the appellant on 5th October, 1982, the respondent raised a demand under Section 33-C (2) of the Act before the Labour Court praying for an amount of Rs. 148.74 towards his wages for 8 days holidays (including Sundays) which occurred during the period of his employment. The appellant accepted the demand and paid an amount of Rs.155.23 to the respondent which was accepted by the respondent in full and final satisfaction of his claim. About one year later, in 1984, the respondent raised an industrial dispute claiming that his services had been wrongfully terminated by the appellant. The Central Government referred the following disputes to the Industrial Tribunal :
"Whether the action of the management of State Bank of India, Region-III, Lucknow, in relation to their Gonda Main Branch in terminating the services of Shri Rakesh Kumar Tewari, subordinate staff with effect from 6-10-1982 and not considering him for further employment under Section 25-H of the Industrial Disputes Act is justified If not, to what relief is the concerned workman entitled -



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