ARINDAM SINHA,J. - (1.) Two writ petitions have been taken up for hearing together. The first being W.P. 29704 (W) of 2017 is where Bengal Provincial Banks' Contract Employees' Association and Anr. are petitioners and the second being W.P.9606 (W) of 2018, by Axis Bank Limited. Four parties are involved in the controversy. First is Union representing concerned workmen, second is contract employer (contractor), third is principal employer being Axis Bank and fourth is Conciliation Officer being concerned statutory authority.
(2.) Mr. Majumder, learned advocate appears on behalf of the Union and refers to page 50 of his clients' writ petition, which is record of minutes by the Conciliation Officer on 12th June, 2017. The minutes say that contract agency representative proposed to pay Rs. 2,50,000/- and provide employment for nine workers on vacancies available after three months. Accepting compensation as full and final settlement is also recorded. The offer was made as recorded and signed by representative of contractor after which, representatives of the Union not having had arrived, he left. It is then that representatives of the workers arrived for conciliation. Conciliation Officer was there throughout. Mr. Majumder submits, representatives of workers accepted the offer made by representative of contractor and conveyed such acceptance to Conciliation Officer.
(3.) Mr. Majumder then refers to letter dated 25th July, 2017 issued by Conciliation Officer to contractor. The text of the letter is reproduced below: "As per discussion had with you and your local representative regarding non-payment of salary to the security guards who are working at Axis Bank ATM under M/S. Orion Security Solutions (P) Ltd. from October, 2015 and you have agreed that you will pay Rs. 2.5 lacks to the concerned security guards each. But I am sorry to inform you that no response has yet been received from your end. You are once again requested to instruct your local management to pay the salary to the concerned security guards immediately without further delay.";