JUDGEMENT
Amrita Sinha,J. -
(1.) The petitioner claims to have been engaged on 14th October, 2001 as a casual sweeper/safai karmachari of the Bank on daily wage basis. No formal letter of appointment/engagement was issued in his favour. Payment was made to him against cash vouchers.
(2.) The petitioner alleges that the Bank discontinued his service on and from December, 2014 without any prior intimation. No letter of termination was served upon him. It was on oral instructions that the petitioner was directed not to report to work.
(3.) The petitioner contends that the management of the Bank took a policy decision to regularise the service of all contractual sweepers appointed on casual basis and a list was prepared for regularisation of their services. The casual employees who were junior to him and working in the same branch were made permanent whereas his service has been terminated.
An industrial dispute was raised by the trade union of which the petitioner was a member. The Assistant Labour Commissioner (Central) Kolkata recorded the failure of the conciliation proceeding on 4th March, 2019. The union representative was agreeable for Voluntary Arbitration under Section 10A of the Industrial Dispute Act, 1947 while the management representative was not in favour. ;
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