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 - ;