- (1.) IN this writ petition the petitioner has prayed for quashing the award dated 18th October, 2011 passed by the Central Government Industrial Tribunal No.2. Dhanbadin Reference Case No. 12 of 1998. In the said award the reference made to the Tribunal has been answered .in negative holding that the workman has failed to prove his claim and that the action of the management of UCO Bank in issuing show -cause notice for disengagement and not absorbing the workman on regular basis is justified in the eye of law and the workman is not entitled to any relief prayed for.
(2.) ACCORDING to the petitioner the concerned workman was engaged long back on 28.2.1989. He had worked for 240 days in one calendar year and as per the policy of the management he was entitled to be regularised against the post he has been working. But instead of regularizing him the management issued a notice for his disengagement. The said action of the management gave rise to a dispute which was ultimately referred to the Central Government Industrial Tribunal No.2. Dhanbad with the following terms of reference: - "Whether the action of the management of UCO Bank in issuing show -cause notice for disengagement of Shri Bipin Kumar Verma from daily wages engagement and in not absorbing the workman on regular basis is Justified? If not to what relief the workman is entitled - Before the learned Tribunal both the parties appeared. The concerned workman in his written statement reiterated his claim for absorption whereas the management denied the claim and allegation of the concerned workman stating inter alia, that the workman was engaged by an unauthorised official for performing casual job of water career. He was not engaged against any vacant/permanent post and there is no question of regularisation of his service. The circular dated 19.10.1989 which has been sought to be invoked is regarding the workman who is on the roll of the company. The petitioner is not on the roll of the company and the said circular is not applicable to him or to any outsider.
(3.) BOTH the parties led their evidences -oral and documentary.;