- (1.) This petition seeks quashing of award dated 19.7.2006, Annexure P.1 reinstating respondent No. 2 workman into service with back wages.
(2.) The dispute raised by the workman was that he was employed as Chowkidar-cum-Peon on daily wages by the petitioner Bank in the Year 1972 and his services were regularised on 29.3.1975 as Peon cum-Guard against a regular post. He was, thereafter promoted as Peon-cum-Daftri and he also performed duty of Cashier/Clerk during peak hours of terrorism. His wife became patient of mental depression and his children were handicapped. His mother also suffered stomach problem. He applied for leave and also sought extension of leave. He reported for duty but was not allowed for serve for want of certificate from Civil Surgeon, Hissar. Thereafter, his services were terminated without enquiry in violation of Section 25-F of the Industrial Disputes Act. 1947 (in short, 'the Act').
(3.) The management opposed the claim, inter-alia on the plea that the dispute was raised alter 10 years from the date of occurrence i.e. 1 2.9.1994 after which the petitioner never served. Reliance was placed on judgment of the Hon'ble Supreme Court in Nedungadi Bank Limited V/s. KP Madhavankutty., 2000 2 SCC 455. The workman had voluntarily left service. No enquiry was, thus, required.;