Pranab Kumar Chattopadhyav, J. - (1.) The petitioner bank filed this writ petition challenging the validity and/or legality of the award dated December 20, 1999 passed by the learned Judge of the Central Government Industrial Tribunal at Calcutta. By the said award, the learned Judge of the Tribunal held that the respondent Shri Chhabi Ghosh comes within the definition of workman under Section 2(s) of the Industrial Disputes Act, 1947 and the action of the management of the petitioner bank in terminating the service of said Shri Chhabi Ghosh was bad, illegal, inoperative and void ab initio. Accordingly, the learned Judge directed the petitioner bank to reinstate said Shri Chhabi Ghosh forthwith in service with full back wages from the date of termination along with all consequential benefits.
(2.) Bereft of all unnecessary details, the facts of the matter are shortly narrated hereinafter.
(3.) Shri Chhabi Ghosh, the respondent No. 3 herein was initially appointed as a clerical staff by the then Mercantile Bank Limited which is now known as the Hongkong and Shanghai Banking Corporation Ltd. Subsequently the said respondent No. 3 was confirmed as a clerical staff by the authorities of the bank by an order dated October 17, 1977. The said respondent No. 3 was promoted as Staff Officer-I with effect from November 1, 1977. An agreement was also executed relating to the terms and service of the said respondent No. 3 as Staff Officer-I on June 16, 1978.;