- (1.) By this petition, the petitioner is challenging the award dated 10.3.1997 passed by the Labour Court, Varanasi in Misc. Case Nos. 85 of 1995 and 60 of 1996. The claim of the respondent No. 2 is that he was employed in the petitioner-District Cooperate Bank, Jaunpur on the post of Clerk in the year 1963-1964. He was placed under suspension by order dated 23.4.1967 and thereafter neither any charge-sheet was given to him nor any inquiry was held but he was never reinstated in service. He also submitted an application claiming a sum of Rs. 6,68,576/- as arrears of wages for the period from 23.4.1967 upto 30.6.1995. The respondent No. 2 further submitted that several representations were made by him all of which went unheeded.
(2.) On behalf of the petitioner-Bank, it is submitted that the respondent No. 2 studied L.L.B. course and thereafter he was registered with the U.P. Bar Council and his registration number is 26/1971 and with effect from January, 1971 the respondent No. 2 has been practicing as a lawyer. The submission of the management is that if the petitioner had completed his legal studies and did his three years L.L.B. course and thereafter was also registered with the U.P. Bar Council and was a practicing Advocate from January, 1971, the question of his being a workman under the management upto 30.6.1995 does not arise, therefore, the very case set up by the respondent No. 2 was false and fictitious.
(3.) I have heard Sri D.P. Singh, learned Counsel for the petitioner, Ms. Sumati Rani Gupta, learned Counsel for the respondent No. 2 and learned Standing Counsel for the respondent No. 1.;