JUDGEMENT
Rakesh Sharma, J. -
(1.) Heard Smt. Bulbul Godial learned Counsel for the petitioner and Sri V.K. Srivastava, learned Counsel for opposite parties No. 1 to 3.
Learned Counsel for the petitioner has submitted that the petitioner was engaged as daily wager/peon from 4.8.1990 in the services of the Central Bank. He was engaged on daily rated basis of Rs. 20/- per day. The petitioner had worked for the period from 4.8.1990 to 20.8.1993. However, some artificial breaks were made in the said service. According to the learned Counsel for the petitioner, since the petitioner had completed more than 240 days services, he has become a regular workman within the meaning of sections 2 (s) and 2 (z) of the U.P. Industrial Disputes Act, 1947. The petitioner has been disengaged from services by oral order of termination without following the procedure as laid down under section 6 (N) of the U.P. Industrial Act, 1947 which is pari-materia of section 25-F of the Industrial Disputes Act, 1947.
(2.) The Central Bank of India is an industry within the meaning of section 2(j) of the U.P. Industrial Disputes Act, 1947 and the petitioner's services ought not to have been terminated without following the due procedure and the action of terminating the services by an oral order is unjust, unfair, arbitrary and discriminatory.
(3.) Smt. Bulbul Godial has pointed out that this is an admitted writ petition in which this Court has been pleased to pass interim order on 2.5.1994 providing that if the work and post are available the opposite parties will allow the petitioner to work and pay him salary.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.