MANAGEMENT OF STATE BANK OF BIKANER AND JAIPUR Vs. SANTOSH KUMAR MISHRA
LAWS(ALL)-2003-1-144
HIGH COURT OF ALLAHABAD
Decided on January 17,2003

MANAGEMENT OF STATE BANK OF BIKANER AND JAIPUR Appellant
VERSUS
SANTOSH KUMAR MISHRA Respondents

JUDGEMENT

D.P.Singh, J. - (1.) The award of the Tribunal given on June 5, 1987, by which reinstatement with full back wages have been granted to the workman, has been challenged by the petitioner Bank.
(2.) Heard Sri Yeshwant Varma learned counsel for the petitioner and Sri K.P. Agarwal, learned senior advocate assisted by Sri A.K. Gaur and Sri Hasan for the respondents.
(3.) The respondent workman Sri Santosh Kumar Mishra was given a temporary appointment by the petitioner-bank as Watchman at the Transport Nagar Branch at Kanpur for a period between September 20, 1982 to December 8, 1982 (a total period of 80 days) vide appointment letter specifying the definite period of appointment. In view of the specific period mentioned in the appointment letter, the services of the workman came to an end after the period mentioned therein had expired. No order of termination was passed by the petitioner Bank. The Government referred the dispute under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) vide Notification dated May 29, 1986 which was to the following effect: "Whether the action of the management of State Bank of Bikaner and Jaipur in terminating the services of Sri Santosh Kumar Misra Ex-temporary Watchman at Transport Nagar Branch, Kanpur w.e.f, December 8, 1982 is justified and legal in. view of the provisions of Sections 25-G and 25-H of the I.D. Act, if not, to what relief the workman is entitled to?";


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