REGIONAL MANAGER SBI Vs. MAHATMA MISHRA
LAWS(SC)-2006-11-19
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on November 01,2006

REGIONAL MANAGER, SBI. Appellant
VERSUS
MAHATMA MISHRA Respondents





Cited Judgements :-

STATE OF HARYANA VS. SHAKUNTLA DEVI [LAWS(SC)-2008-10-97] [REFERRED TO]
CENTRAL BANK OF INDIA VS. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT [LAWS(ALL)-2008-4-117] [REFERRED TO : 2006 (6) AWC 5413 (SC). 4.]
BANARAS HINDU UNIVERSITY VS. PRESIDING OFFICER LABOUR COURT [LAWS(ALL)-2009-1-52] [REFERRED TO]
STATE OF M P VS. SANJAY KUMAR PATHAK [LAWS(SC)-2007-10-44] [REFERRED TO]
UTTAR HARYANA BIJLI VITRAN NIGAM LTD VS. SURJI DEVI [LAWS(SC)-2008-1-157] [REFERRED TO]
RAMAYAN PRASAD CHATURVEDI VS. STATE OF M P [LAWS(MPH)-2009-4-106] [REFERRED TO]
ASST. ENGINEER, RAJASTHAN DEV. CORP VS. GITAM SINGH [LAWS(SC)-2013-1-76] [REFERRED TO]
NATHA SINGH VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT [LAWS(P&H)-2014-7-37] [REFERRED TO]
ADELBERT KHARLYNGDOH VS. THE STATE OF MEGHALAYA [LAWS(MEGH)-2014-12-5] [REFERRED TO]
STATE OF KARNATAKA VS. AMEERBI [LAWS(SC)-2006-12-25] [REFERRED TO]
G M STATE BANK OF BIKANER VS. RAJEEV SHARMA [LAWS(ALL)-2012-1-127] [REFERRED TO]
DASHRATH RAJARAM SOLANKE VS. EXECUTIVE ENGINEER, CHIEF GATE ERECTION UNIT [LAWS(BOM)-2013-3-112] [REFERRED TO]
RAMA SHANKAR PANDEY VS. STATE OF U.P. [LAWS(ALL)-2013-7-57] [REFERRED TO]
MAHESHWAR SINGH VS. MANAGEMENT OF M/S. INDOMAG STEEL TECHNOLOGY LTD. [LAWS(DLH)-2014-1-214] [REFERRED TO]
ASSOCIATION OF STATE ROAD TRANSPORT UNDERTAKING VS. DEVENDER SINGH [LAWS(DLH)-2014-2-56] [REFERRED TO]
NAGAR PALIKA PARISHAD VS. LABOUR COURT [LAWS(ALL)-2014-2-133] [REFERRED TO]
NARANG TRADERS VS. ANIL KUAMR [LAWS(DLH)-2014-2-187] [REFERRED TO]
MAHIPAL SHARMA VS. NEW DELHI MUNICIPAL COUNCIL [LAWS(DLH)-2014-5-259] [REFERRED TO]
RAJINDER SINGH VS. STATE OF H.P. [LAWS(HPH)-2014-8-125] [REFERRED TO]
SHARON A. PAKYNTEIN AND ORS. VS. THE STATE OF MEGHALAYA AND ORS. [LAWS(MEGH)-2015-2-10] [REFERRED TO]
TOOFAN SINGH VS. M.P. STATE CIVIL SUPPLIES AND ORS. [LAWS(MPH)-2014-11-200] [REFERRED TO]
BHAVNAGAR DIST PANCHAYAT AND ORS VS. NAVINBHAI BABUBHAI ZAVERI [LAWS(GJH)-2012-7-627] [REFERRED TO]
JEMICA KIVIGHO ZHIMOMI AND ORS. VS. THE VICE CHANCELLOR, NORTH EASTERN HILL UNIVERSITY (NEHU) AND ORS. [LAWS(MEGH)-2015-12-1] [REFERRED TO]
R PANDIAN VS. POSTMASTER GENERAL, UNION OF INDIA; SUPERINTENDENT OF POST OFFICES; ASSISTANT SUPERINTENDENT OF POSTS (OD); REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(MAD)-2016-9-99] [REFERRED]
STATE OF PUNJAB AND ORS VS. EX ASI SAT PAL [LAWS(P&H)-2012-6-78] [REFERRED]
KASTURI DEVI VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2008-3-288] [REFERRED]
SHRI ACHOM THAMBALNGOU SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2017-6-1] [REFERRED TO]
SURENDRA SINGH TOMAR VS. UNION OF INDIA [LAWS(MPH)-2018-3-338] [REFERRED TO]
JAGENDRA SINGH BHADORIA VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2017-6-167] [REFERRED TO]
PANNA LAL VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2017-2-306] [REFERRED TO]
ABRAR MOHAMMAD VS. STATE OF M P AND ANOTHER [LAWS(MPH)-2018-7-105] [REFERRED TO]
ZONAL MANAGER BANK OF INDIA VS. M H SHANKARAPPA [LAWS(KAR)-2017-7-221] [REFERRED TO]
JOINT DIRECTOR OF SOCIAL FORESTRY, NAGPUR CIRCLE, CIVIL LINES, NAGPUR VS. RAVINDRA CHANDRABHAN FULZELE [LAWS(BOM)-2018-9-125] [REFERRED TO]
JAGDISH S/O KARUJI BOMBARDE VS. CHIEF OFFICER, MUNICIPAL COUNCIL, TUMSAR, TAH TUMSAR, DISTRICT BHANDARA [LAWS(BOM)-2018-10-52] [REFERRED TO]
VIRENDRA KUMAR VS. STATE OF M.P. [LAWS(MPH)-2019-5-135] [REFERRED TO]
STATE OF M.P. VS. VEERENDRA KUMAR JHARIYA [LAWS(MPH)-2020-3-295] [REFERRED TO]
NEERAJ RANA VS. STATE OF MADHYA PRADESH AND ORS. [LAWS(MPH)-2018-11-149] [REFERRED TO]
MAHINDRA AND MAHINDRA LTD VS. MADHAV RAMKRISHNA LOMTE [LAWS(BOM)-2021-11-229] [REFERRED TO]
SUKESH N. DESAI VS. STATE BANK OF INDIA [LAWS(GJH)-2022-3-1227] [REFERRED TO]
UNION OF INDIA VS. M. DURAISAMY [LAWS(SC)-2022-4-43] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)Leave granted.
(2.)Respondent was appointed on a temporary basis in the year 1982 for a period of 88 days. His services were terminated. An industrial dispute was raised by him which was referred to for adjudication before the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Kanpur by the State of Uttar Pradesh in the following terms :
"Whether the action of the management of State Bank of India, Region III, the Mall Kanpur, in relation to their Jhanstongang Branch, Allahabad in terminating the services of Shri Mahatma Mishra, Ex-messenger with effect from 4.9.1982 and not considering him for further employment as provided under section 25-H of the Industrial Disputes Act, is justified. If not to what relief is the workman concerned entitled -

(3.)Before the Industrial Court, the respondent inter alia relied upon a purported circular issued by the Personnel Department of the Appellant-Bank wherein direction was issued that temporary appointments were to be made for a maximum period of 90 days in the case of sub staff and 180 days in case of temporary staff upon obtaining suitable number of names from the concerned employment exchange(s). Engagement of casual labour was directed to be resorted to for work of casual nature only and such casual employees were not to be engaged as members of subordinate staff.


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