R.R.K. Trivedi, J. - (1.) All the aforesaid writ petitions are directed against the common award dated July 17, 1996 and questions of fact and law involved are identical. All the petitions can thus be conveniently disposed of by a common judgment to which parties have no objection. Writ Petition No. 35145 of 1996 shall be the leading case.
(2.) Facts, in short, giving rise to these petitions are that Oriental Bank of Commerce, Kan-pur (hereinafter referred to as the Bank) appointed respondents workmen in these petitions as clerks for the period May 5, 1981 to July 22, 1981 and then from August 4, 1981 to August 13, 1981. From August 14, 1981 they were not allowed to work on these posts. The concerned workmen raised an Industrial dispute which was referred by the Central Government to the Tribunal vide order dated August 20, 1986. Both the parties filed their written statements and adduced evidence. The case of the workmen was that there were permanent vacancies of clerks on which they were appointed for a definite period. Their appointment was to meet the work of permanent nature though the appointment was temporary one and they were entitled to continue on the posts. However, by adopting unfair labour practice opposite parties did not allow them to work on their posts though juniors were allowed to continue. In their place fresh hands were recruited but they were not given opportunity. In this way the employer bank committed breach of Sections 25-C and 25-H of Industrial Disputes Act (hereinafter referred to as the Act). The action of the employer was also against the provision of Bipartite Settlement, Shastri Award and Desai Award.
(3.) The case of the petitioner bank, on the other hand, was that the claim of the workmen is highly belated. Their appointment was for a specific period in leave vacancies. As the ap pointment came to an end by efflux of time, it was not a case of retrenchment and it was cov ered by the provisions of Section 2(bb)(oo) of the Act. As it did not amount to retrenchment, Sections 25-G and 25-H of the Act have no ap plication. It has also been submitted that re-: cruitment to the post of clerk is made through the Banking Service Recruitment Board and the concerned workmen could not be inducted in service without successfully appearing in the examination.;