- (1.) LEAVE granted
(2.) RESPONDENT 2 was employed with the appellant as a Godown Darban during the period from 21-10-1973 to 28-2-1975. His services were terminated on 28-2-1975. He was subsequently appointed as Messenger by order dated 31-10-1987. After such appointment, Respondent 2 filed an application under Section 33-C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Tribunal") claiming back wages for the period 16-1-1976 to 30-10-1987. The said claim of Respondent 2 was based on the settlement dated 22-8-1977 arrived at between the State Bank of India and the workmen employed in the State Bank of India represented by the All-India State Bank of India Staff Federation. The said application of Respondent 2 was allowed by the Tribunal by order dated 12-10-1994. The Tribunal has directed that Respondent 2 should be paid the back wages for the period from 16-1-1976 to 30-10-1987 together with such increments as would be admissible to him as a temporary employee after deducting Rs 500 per month which Respondent 2 had already earned during this period. The writ petition filed by the appellant to challenge the said order of the Tribunal has been dismissed in limine by the High Court of Punjab and Haryana by the impugned order dated 5-7-1995. Hence this appeal The only question which falls for consideration in this appeal is whether Respondent 2 is entitled to claim any benefit on the basis of the settlement dated 2-8-1977. The claim of Respondent 2 is based on para 1 of the said settlement which provides as under "1. That each of the temporary employees concerned will he paid back wages together with such increments as would have been admissible to him as a temporary employee in the Bank's service for the period up to the date of reinstatement, from the date of judgment, namely, 16-1-1976, is (sic if) the date of last termination of his services was earlier than 16-1-1976 and from the date of the last termination if it is later than 16-1-1976." *
(3.) THE said paragraph refers to "temporary employees concerned". The said expression has been explained in the settlement as referring to the temporary employees whose services stood terminated and who have been and/or are being and/or will be reinstated by the Bank in its service in view of the decision of this Court in State Bank of India v. N. Sundara Money;