NAJMI WAZIRI,J. - (1.) This petition impugns the award dated 26.02.2010 passed in I.D. No. 33/2009 of the learned Industrial Tribunal apropos the issue "Whether the action of the Chairman, Local Implementation Committee, State Bank of India, Tigri Branch, Khanpur, New Delhi in terminating services of Smt. Rajkumari w/o Shri Girish Babu w.e.f. 2.6.1995, is just and legal? If not, to what relief the applicant is entitled?".
(2.) It is the petitioner's case that she had been working as a peon since 1989 drawing a monthly salary of Rs. 1,500/- per month with the Local Implementation Committee (Committee). She was not given annual increment, transport allowance, house rent allowance or any other benefits under the relevant labour laws. Upon demand of the same, the management of the Committee terminated her services w.e.f. 02.06.1995 without paying wages for the month of May and 1st June, 1995.
(3.) The matter was contested by the respondent on the ground that it has no juridical existence, and no nexus with the State Bank of India (SBI). The Committee may engage a person to run a canteen and serve refreshments to its members. The Committee discontinued the services of the petitioner when the same were not needed any more. The petitioner was neither under the direct supervision or control of the SBI nor did the latter have any right to take any disciplinary action against her. Therefore, she could not be equated with the employees of a canteen set up under the statutory scheme of the SBI. The Committee was under no obligation to run a canteen. The SBI did not exercise any supervision or control over this canteen or its employees.;