V.C.MISRA, J. - (1.) Ms. Rohma Hammed, Advocate, holding brief of Sri Yashwant Verma, learned counsel for the petitioner and Sri Ashwani Misra, learned counsel for the respondents are present.
(2.) This writ petition has been filed challenging the impugned award dated August 11, 1986 made in favour of respondent No. 1 (Annexure No. 5 to the writ petition) passed by respondent No. 2 the Presiding Officer of Central Government Industrial Tribunal-cum- Labour Court, Kanpur (hereinafter referred to as the Tribunal) by which the termination of service of the workman respondent No. 1 dated November ] 3, 1978 was declared as illegal and not justified, reinstating the workman with full back wages.
(3.) The undisputed facts of the case in brief are that the petitioner bank at its Chata Branch, Agra has engaged respondent No. 1-Madan Singh from time to time as a Badli Guard w. e.f. 1968, and he had worked continuously till 1978, for the specific total 886 days in 10 years, as mentioned in paragraph 3 of the writ petition CAnnexure No. 3. to the writ petition). The services of respondent No. 1 were dispensed with w.e.f. December 18, 1978. He was not engaged any further, since his services were not required anymore, because instead of the private guards the police guards were being posted in the Bank Branch. Respondent No. 1 was appointed in the year 1986 along with one Gulab Singh after one Karan Singh, who had retired in the year, 1986. On November 13, 1978, the services of Gulab Singh were permanently absorbed in the bank. Being aggrieved, respondent No. 1 raised an Industrial Dispute, which was referred to respondent No. 2.;