BHARATI SAPRU, J. - (1.) This petition has been filed against an award of the Labour Court passed in adjudication case No. 194 of 1984 in proceedings under Section 10 of the Industrial Disputes Act. The reference made was thus- "Whether the action of the management of State Bank of India, Region III, The Mall, Kanpur, in relation to their Jhonstonganj Branch, Allahabad in terminating the services of Shri Mahatma Mishra, Ex-Messenger with effect from September 4, 1982 and not considering him for further employment as provided under Section 25-H of the Industrial Disputes Act, is justified, if not to what relief is the workman concerned entitled."
(2.) By the award dated May 10, 1985 the Industrial Tribunal- cum-Labour Court has reinstated the respondent No. 2 with full back wages. I have heard learned counsel for the parties and have also perused the record. The facts appear from the record are that the respondent No. 2 was engaged as temporary employee at Jhonstonganj, Allahabad of the petitioner bank on May 31, 1982, his services were terminated by way of an oral order on September 3, 1982. It is stated by the petitioner that workman had worked only 88 days and without break. The facts as stated by the petitioner are that the petitioner bank had not given to the respondent-workman any appointment letter, any termination letter and as workman was not permanent employee, no notice was also given to him.
(3.) The petitioner bank contends that as the nature of engagement of respondent- workman was of casual nature and not against any permanent post or vacancy and also on account of fact that under the Sastry Award and Desai Award, it was open to the banks to engage such casual workman, it had done so and the workman was not liable to be reinstated on this account.;