PATNA, India, March 4 -- Patna High Court issued the following order on Jan. 2:

1. The present intra court appeal has been preferred against the order dated 08.08.2023 passed by the learned Single Judge of this Court in CWJC No. 3708 of 2013, whereby the writ petition filed by the appellant- Bank was dismissed and the Award dated 01.06.2012 passed by the Central Government Industrial Tribunal No.1, Dhanbad, Jharkhand in Reference Case No. 68 of 2006 was upheld.

2. The brief facts necessary for adjudication of the present appeal are that the private respondent-workman claimed to have been engaged as a Peon with the appellant Bank during the period July 1989 to September 2003. Upon termination of his services, an industrial dispute was raised, which was referred for adjudication to the Central Government Industrial Tribunal No.1.

3. The Tribunal while adjudicating the dispute, framed the following issue:

"Whether it is fact that Shri Sanjay Kumar Paswan was employed by the management of Punjab National Bank during the period from July 1989 to September,2003? If yes, whether the action of the management of Punjab National Bank, Patna in terminating the services of Shri Sanjay Kumar Paswan, Peon, City Branch, Bhagalpur without complying Section 25-F of I.D. Act is legal and or justified? If not, what relief Shri Sanjay Kumar Paswan is entitled to?"

4. Upon consideration of the materials available on record, the Tribunal recorded the following findings:

"9. Considering the above facts and circumstances, it shows that the concerned workman worked with the management from July 1989 to September, 2003 continuously and as such he completed more than 240 days attendance in each calendar year. So, the action of the management of Punjab National Bank, Patna in terminating the services of Shri Sanjay Kuamr Paswan, Peon, City Branch without complying section 25-F of the I.D.Act is not legal and justified. Accordingly, the concerned workman is entitled to be reinstated and regularised in the services of the management as a Peon.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/vieworder/MyMxNDY0IzIwMjMjNCNO-UVusmCI4Ufg=)

Disclaimer: Curated by HT Syndication.