2350 GI/2026
(2681)
रजजस्ट्री सं. डी.एल. (एन) 04/0007/2003—05
REGD. NO. D. L. (N) 04/0007/2003—05
xxxGIDHxxx
xxxGIDExxx
प्राजधकार से प्रकाजित
PUBLISHED BY AUTHORITY
साप् ताजिक
WEEKLY
सं. 13]
नई ददल् ली, अप्रैल 5—अप्रैल 11, 2026, िजनवार/चैत्र 15—चैत्र 21, 1948
No. 13]
NEW DELHI, APRIL 5—APRIL 11, 2026, SATURDAY/CHAITRA 15––CHAITRA 21, 1948
इस भाग में जभन् न ृृ् सं् या दी जाती िै जजससे दक यि ृृथक संकलन के प ृ में रखा जा सके
Separate Paging is given to this Part in order that it may be filed as a separate compilation
भाग II—खण् ड 3—उृ-खण् ड (ii)
PART II—Section 3—Sub-section (ii)
भारत सरकार के मंत्रालयों (रक्षा मंत्रालय को छोड़कर) द्वारा जारी दकए गए सांजवजधक आदेि और अजधसूचनाएं
Statutory Orders and Notifications Issued by the Ministries of the Government of India
(Other than the Ministry of Defence)
जवदेि मंत्रालय
(सी.ृी.वी. प्रभाग)
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 527.—राजनजयक और कोंसुलीय अजधकारी (िृथ एवं फीस) के अजधजनयम, 1948 की धारा 2 के
खंड (क) के अनुसरण में वैधाजनक आदेि ।
एतद् द्वारा, केंद्र सरकार भारत के प्रधान कोंसलावास, बोस्ट्टन मेेँ श्री मानवेंद्र ससि, सिायक अनुभाग अजधकारी,
को ददनांक अप्रैल 01, 2026 से सिायक कोंसुलर अजधकारी के तौर ृर कोंसुलर सेवाओं के जनवविन के जलए प्राजधकृत
करती िै।
[फा. सं. टी.4330/01/2026(05)]
तरुण कुमार, अवर सजचव [सीृीवी-II]
सी.जी.-डी.एल.-सा.-25042026-271989
CG-DL-W-25042026-271989
2682
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
MINISTRY OF EXTERNAL AFFAIRS
(CPV Division)
New Delhi, the 1st April, 2026
S.O. 527.—Statutory Order in pursuance of the clause (a) of the Section 2 of the Diplomatic and Consular
Officers (Oaths and fees) Act, 1948 (41 of 1048), the Central Government hereby appoints Mr. Manvendra Singh,
Assistant Section Officer, as Assistant Consular Officer in Consulate General of India, Boston to perform the
Consular services with effect from April 01, 2026.
[F. No. T.4330/01/2026(05)]
TARUN KUMAR, Under Secy. (CPV-II)
ृेरोजलयम और प्राकृजतक गैस मंत्रालय
नई ददल्ली, 31 माचव, 2026
का.आ. 528.—केंद्रीय सरकार ने ृेरोजलयम और खनीज ृाइृलाइन (भूजम मे उृयोग के अजधकार के आजवन)
अजधजनयम, 1962 (1962 का 50) की धारा 2 के खंड (क) के अनुसरण में, तजमलनाडु राज्य क्षेत्र के भीतर तक अजधजनयम
के अधीन, कोची सेलम ृाइृलाइन प्राइवेट जलजमटेड (केएसृीृीएल ) की कोची कोयम्बटूर सेलम एल ृी जी ृाइृलाइन
के जलए, तजमलनाडु राज्य में सक्षम प्राजधकारी के कृत्यों का ृालन करने के जलए केएसृीृीएल ने प्रजतजनयुजि ृर का आ
5831 (अ) ददनांक 15/12/2025 भारत के राजृत्र सं्या 5636 ददनांक 17/12/2025 के अंतगवत अजधसूजचत सक्षम
प्राजधकारी श्री ृी दुरैसामी, जडप्टी कलक्टर, के स्ट्थान ृर श्री यस सुंदरराजन, जडप्टी कलक्टर, जजनकी जनयुजि नोडल
अजधकारी कोची सेलम ृाइृलाइन प्रोजेक्ट कोयम्बटूर िै, को प्राजधकृत करती िै ।
यि अजधसूचना जारी िोने की तारीख से लागू िोगी ।
[फा. सं. आर-12031/1/2021-ओआर-II/ई-39085]
िररत कुमार िाक्य, अवर सजचव
MINISTRY OF PETROLEUM AND NATURAL GAS
New Delhi, the 31st March, 2026
S.O. 528.—In pursuance of clause (a) of section 2 of the petroleum and mineral pipelines (acquisition of right
of user in land) Act, 1962(50 of 1962), the Central Government hereby authorizes Sri S Sundararajan, Deputy
Collector, in place of earlier notified competent authority Sri P Duraisamy, Deputy Collector Vide S.O. No. 5831 (E)
dated 15/12/2025 published in Gazette of India No. 5636 dated 17/12/2025 on deputation to Kochi Salem Pipeline
Private Limited (KSPPL), who is appointed as Nodal Officer for Kochi Salem Pipeline Project Coimbatore, to
perform the functions of the Competent authority, in the state of Tamilnadu for Kochi Salem Pipeline Private
Limited's Kochi-Coimbatore-Salem LPG Pipeline under the said act.
This notification will be effective from the date of its issue.
[F. No. R-12031/1/2021-OR-II/E-39085]
HARIT KUMAR SHAKYA, Under. Secy.
सूचना और प्रसारण मंत्रालय
नई ददल्ली, 24 फरवरी, 2026
का.आ. 529.—केंद्र सरकार, चलजचत्र (प्रमाणन) जनयम, 2024 के जनयम 8 और 9 के साथ ृर त चलजचत्र
अजधजनयम, 1952 (1952 का 37) की धारा 5(1) द्वारा प्रदत्त िजियों का प्रयोग करते हुए, जनम्नजलजखत व्यजियों को
केंद्रीय दफल्म प्रमाणन बोडव, जतरुवंनतृुरम, के सलािकार ृैनल के सदस्ट्य के प ृ में तत्काल प्रभाव से तीन वर्व की अवजध
या अगले आदेि, जो भी ृिले िों, तक जनयुि करती िैः-
क्र. सं.
नाम
1.
श्री एस राधाकृ्णन नायर
2.
सुश्री बीना टीएस
3.
सुश्री वृंदा मिेि
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2683
4.
श्री के. बाबू
5.
श्री के. वेणुगोृाल
6.
सुश्री गायत्री अरुण
7.
डॉ. श्रीजवद्या एनएल
8.
श्री केृी रवींद्रन
9.
सुश्री अनीता टी
10.
श्री स्ट्वप्नजीत एस.एस.
[फा. सं. एम-11019/1/2025-डीओ(एफसी]
संतोर् कुमार मौयव, अवर सजचव
MINISTRY OF INFORMATION AND BROADCASTING
New Delhi, the 24th February, 2026
S.O. 529.—In exercise of the powers conferred by Section 5 (1) of the Cinematograph Act, 1952 (37 of
1952) read with rules 8 and 9 of the Cinematograph (Certification) Rules, 2024, the Central Government is pleased to
appoint the following persons as Members of the Advisory Panel of the Central Board of Film
Certification, Thiruvananthapuram with immediate effect for a period of three years or until further orders, whichever
is earlier:
Sl. No.
Name
1.
Shri S Radhakrishnan Nair
2.
Ms. Beena TS
3.
Ms. Vrinda Mahesh
4.
Shri K Babu
5.
Shri K. Venugopal
6.
Ms. Gayathri Arun
7.
Dr. Sreevidya NL
8.
Shri KP Raveendran
9.
Ms. Anita T
10.
Shri Swapnajith S.S
[F. No. M-11019/1/2025-DO(FC)]
SANTOSH KUMAR MAURYA, Under Secy.
उृभोिा मामले, खाद्य और साववजजनक जवतरण मंत्रालय
(खाद्य और साववजजनक जवतरण जवभाग)
नई ददल्ली, 16 जनवरी, 2026
का.आ. 530.—केन्द्रीय सरकार राजभार्ा (संघ के िासकीय प्रयोजनों के जलए प्रयोग) जनयम, 1976 के
जनयम 10 के उृ जनयम (4) के अनुसरण में उृभोिा मामले, खाद्य और साववजजनक जवतरण मंत्रालय (खाद्य और
साववजजनक जवतरण जवभाग) के प्रिासजनक जनयंत्रणाधीन जनम्नजलजखत कायावलयों, जजनके 80 प्रजतित या उससे अजधक
कमवचारीवृन्द ने जिन्दी का कायवसाधक ज्ञान प्राप्त कर जलया िै, को राजृत्र में अजधसूजचत करती िै:-
क्र.सं.
अजधसूजचत दकए जाने वाले कायावलय
1.
भारतीय खाद्य जनगम, मंडल कायावलय, खम्मम
2.
भारतीय खाद्य जनगम, मंडल कायावलय, दुगावृुर
[फा. सं. ई-11011/1/2008-सिदी (321924)]
अजिनी श्रीवास्ट्तव, संयुक् त सजचव
2684
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
(Department of Food and Public Distribution)
New Delhi, the 16th January, 2026
S.O. 530.—In pursuance of sub-rule (4) of Rule 10 of the Official Language (use for official purpose of the
Union) Rules, 1976, the Central Government hereby notifies the following offices under the administrative control of
the Ministry of Consumer Affairs, Food & Public Distribution (Department of Food & Public Distribution), whereof
80% or more staff have acquired the working knowledge of Hindi:
S. No.
Offices to be notified
1.
Food Corporation of India, Divisional Office, Khammam
2.
Food Corporation of India, Divisional Office, Durgapur
[F. No. E-11011/1/2008-Hindi (321924)]
ASWANI SRIVASTAVA, Jt. Secy.
आवासन और ििरी कायव मंत्रालय
नई ददल्ली, 30 माचव, 2026
का.आ. 531.—केन् द्रीय सरकार एतद् द्वारा आवासन और ििरी कायव मंत्रालय के प्रिासजनक जनयंत्राणाधीन
रा् टीय राजधानी क्षेत्रृररविन जनगम जलजमटेड जजसके 80% से अजधक अजधकाररयों और कमवचाररयों ने सिदी का
कायवसाधक ज्ञृन प्राप् त कर जलया िै को राजभार्ा (संघ के िासकीय प्रयोजनों के जलए प्रयोग) जनयम-1976 के जनयम 10
के उृ जनयम (4) के अंतगवत अजधसूजचत करती िै:
1. रा् रीय राजधनी क्षेत्र ृररविन जनगम जलजमटेड, जनयजमत कायावलय, गजतिजि भवन, आई. एन. ए.,
नई ददल् ली-110023
[फा. सं. ई-11017/5/2013-सिदी]
गोृाल प्रसाद, आर्थथक सलािकार
MINISTRY OF HOUSING AND URBAN AFFAIRS
New Delhi, the 30th March, 2026
S.O. 531.—In pursuance of Sub-rule (4) of Official Language (Use for official purpose of the Union) Rule,
1976, the Central Government hereby notifies the following office of the National Capital Region Transport
Corporation Limited under administrative control of Ministry of Housing and Urban Affairs, where more than 80% of
officers/employees have attained working knowledge of Hindi:
1. National Capital Region Transport Corporation Limited, Corporate Office, GatiShakti Bhawan, INA,
New Delhi-110023.
[F. No. E-11017/5/2013-Hindi]
GOPAL PRASAD, Economic Adviser
नई ददल्ली, 28 जनवरी, 2026
का.आ. 532.— fookn vf/kfu;e, 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjkas ds chp vuqca/k esa fufnZ’V fookn esa
dsUnzh; ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a62/2013) izdkf”kr djrh gSA
[सं. एल–12012/98/2012-vkbZ vkj (ch-I)]
सलोनी, उृ जनदेिक
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2685
MINISTRY OF LABOUR AND EMPLOYMENT
New Delhi, the 28th January, 2026
S.O. 532.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 62/2013) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Kanpur as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/98/2012- IR (B-I)]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, KANPUR
Present Shri Rajendra Prasad Srinosjana
H.J.S. (Retd.)
ID Case No. 62 of 2013
Shri Ambika Prasad,
S/o Shri Cheddi Lal,
C/o Shri O.P. Mathur,
117/K-36, Sarvodaya Nagar, Kanpur (U.P.)- 208025.
…………….Workman
Vs.
1. The General Manager, State Bank of India, LHO Moti Mahal, Hazratgaj, Lucknow.
2. The Zonal Manager, State Bank of India, Mall Road, Kanpur (U.P.)
…………………Management
(JUDGMENT)
(Passed on this 31st day of December, 2025)
As per letter dated 02/05/2013 by the Government of India, Ministry of Labour, New Delhi, the reference
has been made to this Tribunal under Section-10 of Industrial Disputes Act, 1947 (in short the 'Act') as per
Notification No. L-12012/98/2012-IR(B-I) dt. 02/05/2013. The dispute under reference relates to:
"Whether the action of the management of State Bank of India in terminating the services of
Shri
Ambika Prasad S/o Shri Cheddi Lal workman with effect from 05.09.1978 and not
considering his name for
reemployment while reemploying others including the recruitment
of fresh hands is just fair & legal? If not, to
what relief the workman concerned is entitled to?"
Claimant/workman Ambika Prasad (hereinafter stated as the claimant) has filed the statement of claim with averments
which may be concisely stated as hereunder:
(I) Claimant/applicant was employed under the Zonal Office, State Bank Of India Kanpur in Accounts
Department Main Branch, Kanpur in subordinate cadre. The service of the applicant was terminated on
05.09.1978 in violation of the provisions of Industrial disputes Act 1947. (Central) After the termination of
the service of the applicant new hands have been employed in place of the applicant in violation of Section
15 H of the Industrial Disputes Act 1947.
(II) The action of the employer in terminating the services of the applicant is illegal and is unfair labour
practice because the applicant was working on the permanent post, but after termination of the applicant new
hands had been employed. This is also against the principles of natural justice.
(III) The employer has done this type of unfair labour practice and illegal work and exploitation i.e. engaging
one workman and terminating his service after few days and then again engaging another person and again
terminating his services is being done with hundreds of persons. The applicant along with number of such
other victimised persons started agitation by staging Dharna, demonstrations etc. against the illegal, unfair
and unjust action of the State Bank of India.
(IV) Thereafter, due to protest of the workmen, the State Bank of India decided to hold tests/interview so that
regular and permanent appointment may be given to workmen who have already worked in the Bank.
2686
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
(V) The action of the Bank in holding test/interview was illegal because under the provisions of the
Industrial Disputes Act 1947 the applicant was a retrenched employee and he was to be given appointment in
the Bank not on the basis of any test/interview. But directly by the Bank as provided under Section 25 H of
the Industrial Disputes Act 1947.
(VI) After the termination of the applicant so many new hand have been appointed by the Bank. As such the
action of the Bank is illegal and unjust and the applicant is entitled to be reinstated with continuity of service
and full back wages.
(VII) The name of the applicant was within 20 of the waiting list of 1991. The applicant has not been given
appointment but all most all the persons from the said waiting list have been appointed. As such the action of
the Bank is illegal and unjust and the applicant is entitled to be reinstated with continuity of service and full
back wages.
Respondent side has submitted the written statement with averments which may be summarized as stated below:
(I)
It is essential to mention that to abuse/misuse of the provisions of the I. D. Act 1947[14 of 1947]
instant industrial dispute has been raised by the applicant regarding his alleged termination from
05.09.78, which is not tenable in the eyes of law because above referred date of termination has not
found place in claim statement & rejoinder statement filed by the claimant before the conciliation
officer & on this alone ground case is liable to be dismissed at the very outset by the Hon'ble
Tribunal.
(II)
The alleged disengagement being of 1978 & 34 years have passed since then the industrial dispute
cannot be said to have survived & a stale alleged dispute can not be allowed be raised now.
(III)
It is specific to state that to create illegal pressure upon the bank's management, General Manager,
Lucknow as well as Zonal Manager, Kanpur have knowingly been made parties by the claimant in
the present dispute whereas claimant never worked for a day in both offices. It is made clear that
relationship of employer & employee does not exist between the rival parties. In the light of above
given facts claim is legally not maintainable & is deserved to be rejected forthwith by the hon'ble
court.
(IV)
It is necessary to add that claimant was not engaged in the bank against any post. To enrich our
contention it is narrated here that there is a prescribed procedure for appointment in the respondent
bank, which is evident from fact that appointment letter was not filed by the applicant along with
his claim statement before the Hon'ble Court.
(V)
In claim statement is mere reiterations. It is clearly submitted that applicant is not entitled to get
relief claimed from the hon'ble court. In the light of afore-mentioned true facts claim has no force of
law & on the face of given reply case may be turned down by the Hon'ble Tribunal.
Main question in this reference is that whether the action of management of State Bank of India in terminating the
services of Shri Ambika Prasad S/o Chhedi Lal with effect from 05.09.1978 is just fair & legal or not?
In our claim statement applicant is requested that applicant was employed of the said bank in account department
Main Branch in subordinate cadre and the applicant was terminated on 05.09.1978 in violation of the provisions of
Industrial Disputes Act, 1947. And further says when we protest then the State Bank of India decided to hold test
interview so that regular and permanent appointment may be given to workmen who have already worked in the bank.
In accordance to that bank in holding test/interview was illegal because under the provisions of the Industrial Disputes
Act, 1947. the applicant was a retrenched employee and he was to be given appointment in the Bank not on the basis
of any test/interview.
Due to malafide reasons bank did not give permanent appointment to the applicant. It came to the knowledge of the
applicant that he have passed the interview and his name within 20 of the waiting list for giving permanent
appointment in the bank. In that list almost candidates have been appointed by the bank but the bank has not given
appointment to the applicant and with other facts in last requested that in the interest of justice Hon‘ble Tribunal be
pleased to give the following relief read as under:
1. Reinstate in service with continuity of services and given full back wages and other attending benefits.
2. Any other suitable relief which the Hon‘ble Tribunal may deem fit under the circumstances and suitable
cost of the case may please also be awarded.
In reply of above claim statement bank filed written statement and in his written statement preliminary objection is
raised that applicant regarding his alleged termination from 05.09.1978, which is not tenable in the eyes of law
because above referred date of termination has not found place in claim statement & rejoinder statement filed by the
claimant before the conciliation officer.
Further in para stated that to create a legal pressure upon the bank‘s management have knowingly been made parties
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2687
by the claimant in the present dispute whereas claimant never worked for a day in both offices. It is made clear that
relationship of employer & employee does not exist between the rival parties.
Further in para 6 stated that claimant was not engaged in the bank against any post and further stated interview letter
was not placed along with claim statement by the claimant before conciliation officer to prove his case.
After filing of above written statement, rejoinder is also filed by applicant.
Main question in this reference that applicant is employee in said bank as stated by him.
After perusal of order sheets it shows that so many date has been fixed for the evidence of applicant but applicant not
produce any evidence so my predecessor order on date 27.04.2023 is read as under
“Claimant is absent on repeated loud calls. Evidence of claimant side stands closed.
O.P. side declines to adduce evidence. Proceeding stands reserved for award.”
So, this is clear there is no any documentary or oral evidence is filed by applicant to prove his case such as
appointment letter, interview letter, waiting list etc.
Accordingly, it is not proved that applicant is employee in said bank as stated by him in claim statement.
Hence in the given circumstance the reference stands disposed of as of ‗Nil‘ award.
Parties are left to bear their respective costs.
Date: 31.12.2025
Sri RAJENDRA PRASAD SRINOSJANA, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 533.—
(
)
भारतीय खाद्य जनगम
-
सि
-
लखनऊ
ृिचान
45/2024)
[सं.एल -22013/01/2026-vkbZ- vkj- (lh.एम- II)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 533.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (ID. No. 45/2024) of the Central Government Industrial Tribunal-
cum-Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the Management of
Food Corporation of India and their workmen
[No. L-22013/01/2026- IR (CM-II)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT, LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I.D. No. 45/2024
Ref. No. K-10(64)/2024-IR dated 31.07.2024
BETWEEN
The General Secretary
2688
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
U P Bhartiya Khadya Nigam Majdoor Sangathan Ayodhya.
AND
1. The Depot Manager, Food Corporation Of India, Sandila, Distt-Hardoi
2. The Area Manager, FCI, 140B Lohar Bagh, Sitapur
3. The Divisonal Manager, FCI, 7-R, Tilakmarg, Dalibagh, Lucknow
4. The GM FCI, UP Zonal Office, TC/3V, Vibhuti Khand Gomti Nagar, Lucknow
5. The Chairman, FCI Khadya Sadan, 16/20, Barahakhambha Lane, New Delhi
AWARD
By order No. K-10(64)/2024-IR dated 31.07.2024 the present industrial dispute has been referred for
adjudication to this Tribunal in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A)
of Section 10 the Industrial Disputes Act, 1947 (14 of 1947) by the Central Government, with following schedule:
“Whether the action of the management of FCI Sandila depot, Sandila, Hardoi in terminating the services of
workman Shri Mohd. Naeem w.e.f 07.02.2019 is justified or not? If not to what relief the concerned
workman is entitled for?"
Accordingly, an industrial dispute No. 45/2024 has been registered.
On 10.12.2024 claimant filed claim statement supported by an affidavit with following relief:
“I. To grant the arrear of minimum guarantee wages to the claimant workman since 02.06.2006 till 07.02.2019,
II. To grant the benefit of regularization policy of Food Corporation of India passed in the year 1991 for Direct
Payment Employees.
III. To direct the Food Corporation of India management to grant the benefit of continuity of service till his date of
his superannuation.
IV.To grant any other relief which this authority deems fit to be passed in the interest of justice.”
On behalf of the respondents statement of defense filed on 29.03.2025 in which preliminary objection also taken by
the respondent.
After filing of the written statement by respondent, in spite of opportunities given to workman, he neither filed
rejoinder nor evidence in support of his case on affidavit
Accordingly heard learned counsel for respondent and gone through the records.
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove illegality of the
order and if no evidence is produced the party invoking jurisdiction of the Court must fail. Whenever a workman
raises a dispute challenging the validity of the termination of service if is imperative for him to file written statement
before the Industrial Court setting out grounds on which the order is challenged and he must also produce evidence
to prove his case. If the workman fails to appear or to file written statement or produce evidence, the dispute referred
by the State Government cannot be answered in favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd., V.K. Raj
Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49) FLR 38 and
Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led by or on behalf of the
workman the reference is bound to be answered by the court against the workman. In such a situation it is not
necessary for the employers to lead any evidence at all. The obligation to lead evidence to establish an allegation
made by a party is on the party making the allegation. The test would be, who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the
respondent to prove the termination order as illegal. He was required to lead evidence first which he failed. A perusal
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2689
of the impugned award also does not show that any evidence either oral or documentary was led by the respondent.
In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any rejoinder/affidavit (examination-in-chief) so it is a case of no evidence filed on
behalf of workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Lucknow.
27th February, 2026
JUSTICE ANIL KUMAR, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 534.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj भारतीय खाद्य जनगम ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd
fookn esa
-
सि
-
] लखनऊ ds iapkV (ृिचान
41/2024)dks izdkf”kr djrh gS]
[सं. एल -22013/01/2026-vkbZ- vkj- (lh.एम- II)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 534.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (ID. No. 41/2024) of the Central Government Industrial Tribunal-cum-
Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the Management of Food
Corporation of India and their workmen,
[No. L-22013/01/2026- IR (CM-II)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT, LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I.D. No. 41/2024
Ref. No. K-10(39)/2024-IR dated 26.07.2024
BETWEEN
The General Secretary
U P Bhartiya Khadya Nigam Majdoor Sangathan Ayodhya.
AND
1. The Depot Manager, Food Corporation Of India, Sandila, Distt-Hardoi
2. The Area Manager, FCI, 140B Lohar Bagh, Sitapur
3. The Divisonal Manager, FCI, 7-R, Tilakmarg, Dalibagh, Lucknow
4. The GM FCI, UP Zonal Office, TC/3V, Vibhuti Khand Gomti Nagar, Lucknow
5. The Chairman, FCI Khadya Sadan, 16/20, Barahakhambha Lane, New Delhi
2690
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
AWARD
By order No. K-10(39)/2024-IR dated 26.07.2024 the present industrial dispute has been referred for
adjudication to this Tribunal in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A)
of Section 10 the Industrial Disputes Act, 1947 (14 of 1947) by the Central Government, with following schedule:
“Whether the action of the management of FCI Sandila depot, Sandila, Hardoi in terminating the
services fo workman Shri Dulare w.e.f 07.02.2019 is justified or not? If not to what relief the
concerned workman is entitled for?"
Accordingly, an industrial dispute No. 41/2024has been registered.
On 10.12.2024 claimant filed claim statement supported by an affidavit with following relef:
“I. To grant the arrear of minimum guarantee wages to the claimant workman since 01.01.1986 till
07.02.2019,
II. To grant the benefit of regularization policy of Food Corporation of India passed in the year 1991 for
Direct Payment Employees.
III. To direct the Food Corporation of India management to grant the benefit of continuity of service till his
date of his superannuation.
IV. To grant the service benefit such as bonus, leave encashment etc. as per entitlement under Food
Corporation of India policy of DPS system issued in the year 1991.
V. To grant any other relief which this authority deems fit to be passed in the interest of justice.”
On behalf of the respondents statement of defense filed on 29.03.2025 in which preliminary objection also taken by
the respondent.
After filing of the written statement by respondent, in spite of opportunities given to workman, he neither filed
rejoinder nor evidence in support of his case on affidavit
Accordingly heard learned counsel for respondent and gone through the records.
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove
illegality of the order and if no evidence is produced the party invoking jurisdiction of the Court must
fail. Whenever a workman raises a dispute challenging the validity of the termination of service if is
imperative for him to file written statement before the Industrial Court setting out grounds on which
the order is challenged and he must also produce evidence to prove his case. If the workman fails to
appear or to file written statement or produce evidence, the dispute referred by the State Government
cannot be answered in favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49)
FLR 38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led
by or on behalf of the workman the reference is bound to be answered by the court against the workman. In
such a situation it is not necessary for the employers to lead any evidence at all. The obligation to lead
evidence to establish an allegation made by a party is on the party making the allegation. The test would be,
who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the
shoulders of the respondent to prove the termination order as illegal. He was required to lead
evidence first which he failed. A perusal of the impugned award also does not show that any evidence
either oral or documentary was led by the respondent. In the case of no evidence, the reference has
to be dismissed.”
As the workman has not filed any rejoinder/affidavit (examination-in-chief) so it is a case of no evidence filed on
behalf of workman in support of case set up by her, liable to be dismissed.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2691
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Lucknow.
27th February, 2026
Justice ANIL KUMAR, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 535.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj भारतीय खाद्य जनगम ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd
fookn esa
-
सि
-
] लखनऊ ds iapkV (ृिचान
/
) dks izdkf”kr djrh gS]
[सं. एल -22013/01/2026-vkbZ- vkj- (lh.एम- II)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 535.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (ID. No. 44/2024) of the Central Government Industrial Tribunal-cum-
Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the Management of Food
Corporation of India and their workmen,
[No. L-22013/01/2026- IR (CM-II)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT, LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I.D. No. 44/2024
Ref. No. K-10(57)/2024-IR dated 31.07.2024
BETWEEN
The General Secretary
U P Bhartiya Khadya Nigam Majdoor Sangathan Ayodhya.
AND
1. The Depot Manager, Food Corporation Of India, Sandila, Distt-Hardoi
2. The Area Manager, FCI, 140B Lohar Bagh, Sitapur
3. The Divisonal Manager, FCI, 7-R, Tilakmarg, Dalibagh, Lucknow
4. The GM FCI, UP Zonal Office, TC/3V, Vibhuti Khand Gomti Nagar, Lucknow
5. The Chairman, FCI Khadya Sadan, 16/20, Barahakhambha Lane, New Delhi
AWARD
By order No. K-10(57)/2024-IR dated 31.07.2024 the present industrial dispute has been referred for
adjudication to this Tribunal in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A)
of Section 10 the Industrial Disputes Act, 1947 (14 of 1947) by the Central Government, with following schedule:
“Whether the action of the management of FCI Sandila depot, Sandila, Hardoi in terminating the services of
workman Shri Anmer Dash w.e.f 07.02.2019 is justified or not? If not to what relief the concerned workman
is entitled for?"
2692
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Accordingly, an industrial dispute No. 44/2024 has been registered.
On 10.12.2024 claimant filed claim statement supported by an affidavit with following relief:
“I. To grant the arrear of minimum guarantee wages to the claimant workman since till 07.02.2019,
II. To grant the benefit of regularization policy of Food Corporation of India passed in the year 1991 for
Direct Payment Employees.
III. To direct the Food Corporation of India management to grant the benefit of continuity of service till his
date of his superannuation.
IV.To grant any other relief which this authority deems fit to be passed in the interest of justice.”
On behalf of the respondents statement of defense filed on 29.03.2025 in which preliminary objection also taken by
the respondent.
After filing of the written statement by respondent, in spite of opportunities given to workman, he neither filed
rejoinder nor evidence in support of his case on affidavit
Accordingly heard learned counsel for respondent and gone through the records.
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove
illegality of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail.
Whenever a workman raises a dispute challenging the validity of the termination of service if is imperative
for him to file written statement before the Industrial Court setting out grounds on which the order is
challenged and he must also produce evidence to prove his case. If the workman fails to appear or to file
written statement or produce evidence, the dispute referred by the State Government cannot be answered in
favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49)
FLR 38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led
by or on behalf of the workman the reference is bound to be answered by the court against the workman. In
such a situation it is not necessary for the employers to lead any evidence at all. The obligation to lead
evidence to establish an allegation made by a party is on the party making the allegation. The test would be,
who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the
respondent to prove the termination order as illegal. He was required to lead evidence first which he failed.
A perusal of the impugned award also does not show that any evidence either oral or documentary was led
by the respondent. In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any rejoinder/affidavit (examination-in-chief) so it is a case of no evidence filed on
behalf of workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Lucknow.
27th February, 2026
Justice ANIL KUMAR, Presiding Officer
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2693
नई ददल्ली, 23 माचव, 2026
का.आ. 536. —vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj भारतीय खाद्य जनगम ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd
fookn esa
-
सि -
] लखनऊ ds iapkV (ृिचान
46/2024)
dks izdkf”kr djrh gS]
[सं. एल -22013/01/2026-vkbZ- vkj- (lh.एम- II)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 536.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (ID. No. 46/2024) of the Central Government Industrial Tribunal-cum-
Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the Management of Food
Corporation of India and their workmen
[No. L-22013/01/2026- IR (CM-II)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT, LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I.D. No. 46/2024
Ref. No. K-10(45)/2024-IR dated 26.07.2024
BETWEEN
The General Secretary
U P Bhartiya Khadya Nigam Majdoor Sangathan Ayodhya.
AND
1. The Depot Manager, Food Corporation Of India, Sandila, Distt-Hardoi
2. The Area Manager, FCI, 140B Lohar Bagh, Sitapur
3. The Divisonal Manager, FCI, 7-R, Tilakmarg, Dalibagh, Lucknow
4. The GM FCI, UP Zonal Office, TC/3V, Vibhuti Khand Gomti Nagar, Lucknow
5. The Chairman, FCI Khadya Sadan, 16/20, Barahakhambha Lane, New Delhi
AWARD
By order No. K-10(45)/2024-IR dated 26.07.2024 the present industrial dispute has been referred for
adjudication to this Tribunal in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A)
of Section 10 the Industrial Disputes Act, 1947 (14 of 1947) by the Central Government, with following schedule:
“Whether the action of the management of FCI Sandila depot, Sandila, Hardoi in terminating the services of
workman Shri Dayaram w.e.f 07.02.2019 is justified or not? If not to what relief the concerned workman is
entitled for?"
Accordingly, an industrial dispute No. 46/2024 has been registered.
On 10.12.2024 claimant filed claim statement supported by an affidavit with following relief:
“I. To grant the arrear of minimum guarantee wages to the claimant workman since 02.02.1986 till
07.02.2019,
II. To grant the benefit of regularization policy of Food Corporation of India passed in the year 1991 for
Direct Payment Employees.
2694
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
III. To direct the Food Corporation of India management to grant the benefit of continuity of service till his
date of his superannuation.
IV. To grant the service benefit such as bonus, leave encashment etc. as per entitlement under Food
Corporation of India policy of DPS system issued in the year 1991.
V. To grant any other relief which this authority deems fit to be passed in the interest of justice.”
On behalf of the respondents statement of defense filed on 29.03.2025 in which preliminary objection also taken by
the respondent.
After filing of the written statement by respondent, in spite of opportunities given to workman, he neither filed
rejoinder nor evidence in support of his case on affidavit
Accordingly heard learned counsel for respondent and gone through the records.
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove
illegality of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail.
Whenever a workman raises a dispute challenging the validity of the termination of service if is imperative
for him to file written statement before the Industrial Court setting out grounds on which the order is
challenged and he must also produce evidence to prove his case. If the workman fails to appear or to file
written statement or produce evidence, the dispute referred by the State Government cannot be answered in
favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49)
FLR 38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led
by or on behalf of the workman the reference is bound to be answered by the court against the workman. In
such a situation it is not necessary for the employers to lead any evidence at all. The obligation to lead
evidence to establish an allegation made by a party is on the party making the allegation. The test would be,
who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the
shoulders of the respondent to prove the termination order as illegal. He was required to lead
evidence first which he failed. A perusal of the impugned award also does not show that any evidence
either oral or documentary was led by the respondent. In the case of no evidence, the reference has
to be dismissed.”
As the workman has not filed any rejoinder/affidavit (examination-in-chief) so it is a case of no evidence filed on
behalf of workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Lucknow.
27th February, 2026
Justice ANIL KUMAR, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 537. —vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj भारतीय खाद्य जनगम ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2695
fookn esa
-
सि -
] लखनऊ ds iapkV (ृिचान
42/2024)
dks izdkf”kr djrh gS]
[सं. एल -22013/01/2026-vkbZ- vkj- (lh.एम- II)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 537.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (ID. No. 42/2024) of the Central Government Industrial Tribunal-cum-
Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the Management of Food
Corporation of India and their workmen.
[No. L-22013/01/2026- IR (CM-II)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT, LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I.D. No. 42/2024
Ref. No. K-10(60)/2024-IR dated 31.07.2024
BETWEEN
The General Secretary
U P Bhartiya Khadya Nigam Majdoor Sangathan Ayodhya.
AND
1. The Depot Manager, Food Corporation Of India, Sandila, Distt-Hardoi
2. The Area Manager, FCI, 140B Lohar Bagh, Sitapur
3. The Divisonal Manager, FCI, 7-R, Tilakmarg, Dalibagh, Lucknow
4. The GM FCI, UP Zonal Office, TC/3V, Vibhuti Khand Gomti Nagar, Lucknow
5. The Chairman, FCI Khadya Sadan, 16/20, Barahakhambha Lane, New Delhi
AWARD
By order No. K-10(60)/2024-IR dated 31.07.2024 the present industrial dispute has been referred for
adjudication to this Tribunal in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A)
of Section 10 the Industrial Disputes Act, 1947 (14 of 1947) by the Central Government, with following schedule:
“Whether the action of the management of FCI Sandila depot, Sandila, Hardoi in terminating the services
of workman Shri Sonu w.e.f 07.02.2019 is justified or not? If not to what relief the concerned workman is
entitled for?"
Accordingly, an industrial dispute No. 41/2024has been registered.
On 10.12.2024 claimant filed claim statement supported by an affidavit with following relef:
“I. To grant the arrear of minimum guarantee wages to the claimant workman since 01.01.1986 till
07.02.2019,
II. To grant the benefit of regularization policy of Food Corporation of India passed in the year 1991 for
Direct Payment Employees.
III. To direct the Food Corporation of India management to grant the benefit of continuity of service till his
date of his superannuation.
IV.To grant any other relief which this authority deems fit to be passed in the interest of justice.”
2696
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
On behalf of the respondents statement of defense filed on 29.03.2025 in which preliminary objection also taken by
the respondent.
After filing of the written statement by respondent, in spite of opportunities given to workman, he neither filed
rejoinder nor evidence in support of his case on affidavit
Accordingly heard learned counsel for respondent and gone through the records.
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove
illegality of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail.
Whenever a workman raises a dispute challenging the validity of the termination of service if is imperative
for him to file written statement before the Industrial Court setting out grounds on which the order is
challenged and he must also produce evidence to prove his case. If the workman fails to appear or to file
written statement or produce evidence, the dispute referred by the State Government cannot be answered in
favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49)
FLR 38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led
by or on behalf of the workman the reference is bound to be answered by the court against the workman. In
such a situation it is not necessary for the employers to lead any evidence at all. The obligation to lead
evidence to establish an allegation made by a party is on the party making the allegation. The test would be,
who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the
respondent to prove the termination order as illegal. He was required to lead evidence first which he failed.
A perusal of the impugned award also does not show that any evidence either oral or documentary was led
by the respondent. In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any rejoinder/affidavit (examination-in-chief) so it is a case of no evidence filed on
behalf of workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Lucknow.
27th February, 2026
Justice ANIL KUMAR, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 538.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj भारतीय खाद्य जनगम ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd
fookn esa
-
सि
-
] लखनऊ ds iapkV (ृिचान
43/2024) dks izdkf”kr djrh gS]
[सं. एल -22013/01/2026-vkbZ- vkj- (lh.एम- II)]
जयदीृ यादव, उृ जनदेिक
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2697
New Delhi, the 23rd March, 2026
S.O. 538.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (ID. No. 43/2024) of the Central Government Industrial Tribunal-cum-
Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the Management of Food
Corporation of India and their workmen.
[No. L-22013/01/2026- IR (CM-II)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT, LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I.D. No. 43/2024
Ref. No. K-10(40)/2024-IR dated 26.07.2024
BETWEEN
The General Secretary
U P Bhartiya Khadya Nigam Majdoor Sangathan Ayodhya.
AND
1. The Depot Manager, Food Corporation Of India, Sandila, Distt-Hardoi
2. The Area Manager, FCI, 140B Lohar Bagh, Sitapur
3. The Divisonal Manager, FCI, 7-R, Tilakmarg, Dalibagh, Lucknow
4. The GM FCI, UP Zonal Office, TC/3V, Vibhuti Khand Gomti Nagar, Lucknow
5. The Chairman, FCI Khadya Sadan, 16/20, Barahakhambha Lane, New Delhi
AWARD
By order No. K-10(40)/2024-IR dated 26.07.2024 the present industrial dispute has been referred for
adjudication to this Tribunal in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A)
of Section 10 the Industrial Disputes Act, 1947 (14 of 1947) by the Central Government, with following schedule:
“Whether the action of the management of FCI Sandila depot, Sandila, Hardoi in terminating the services of
workman Shri Ramnath w.e.f 07.02.2019 is justified or not? If not to what relief the concerned workman is
entitled for?"
Accordingly, an industrial dispute No. 43/2024has been registered.
On 10.12.2024 claimant filed claim statement supported by an affidavit with following relef:
“I. To grant the arrear of minimum guarantee wages to the claimant workman since 05.02.1992 till
07.02.2019,
II. To grant the benefit of regularization policy of Food Corporation of India passed in the year 1991 for
Direct Payment Employees.
III. To direct the Food Corporation of India management to grant the benefit of continuity of service till his
date of his superannuation.
IV. To grant the service benefit such as bonus, leave encashment etc. as per entitlement under Food
Corporation of India policy of DPS system issued in the year 1991.
V. To grant any other relief which this authority deems fit to be passed in the interest of justice.”
On behalf of the respondents statement of defense filed on 29.03.2025 in which preliminary objection also taken by
the respondent.
After filing of the written statement by respondent, in spite of opportunities given to workman, he neither filed
rejoinder nor evidence in support of his case on affidavit
Accordingly heard learned counsel for respondent and gone through the records.
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
2698
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove
illegality of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail.
Whenever a workman raises a dispute challenging the validity of the termination of service if is imperative
for him to file written statement before the Industrial Court setting out grounds on which the order is
challenged and he must also produce evidence to prove his case. If the workman fails to appear or to file
written statement or produce evidence, the dispute referred by the State Government cannot be answered in
favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49)
FLR 38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led
by or on behalf of the workman the reference is bound to be answered by the court against the workman. In
such a situation it is not necessary for the employers to lead any evidence at all. The obligation to lead
evidence to establish an allegation made by a party is on the party making the allegation. The test would be,
who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the
shoulders of the respondent to prove the termination order as illegal. He was required to lead
evidence first which he failed. A perusal of the impugned award also does not show that any evidence
either oral or documentary was led by the respondent. In the case of no evidence, the reference has
to be dismissed.”
As the workman has not filed any rejoinder/affidavit (examination-in-chief) so it is a case of no evidence filed on
behalf of workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Lucknow.
Justice ANIL KUMAR, Presiding Officer
27th February, 2026
नई ददल्ली, 23 माचव, 2026
का.आ. 539.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj भारतीय खाद्य जनगम ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd
fookn esa
-
सि
-
] लखनऊ ds iapkV (ृिचान
48/2024) dks izdkf”kr djrh gS]
[सं. एल -22013/01/2026-vkbZ- vkj- (lh.एम- II)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 539.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (ID. No. 48/2024) of the Central Government Industrial Tribunal-cum-
Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the Management of Food
Corporation of India and their workmen.
[No. L-22013/01/2026- IR (CM-II)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT, LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I.D. No. 478/2024
Ref. No. K-10(46)/2024-IR dated 25.07.2024
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2699
BETWEEN
The General Secretary
U P Bhartiya Khadya Nigam Majdoor Sangathan Ayodhya.
AND
1. The Depot Manager, Food Corporation Of India, Sandila, Distt-Hardoi
2. The Area Manager, FCI, 140B Lohar Bagh, Sitapur
3. The Divisonal Manager, FCI, 7-R, Tilakmarg, Dalibagh, Lucknow
4. The GM FCI, UP Zonal Office, TC/3V, Vibhuti Khand Gomti Nagar, Lucknow
5. The Chairman, FCI Khadya Sadan, 16/20, Barahakhambha Lane, New Delhi
AWARD
By order No. K-10(46)/2024-IR dated 25.07.2024 the present industrial dispute has been referred for
adjudication to this Tribunal in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A)
of Section 10 the Industrial Disputes Act, 1947 (14 of 1947) by the Central Government, with following schedule:
“Whether the action of the management of FCI Sandila depot, Sandila, Hardoi in terminating the services of
workman Shri Ram Shankar w.e.f 07.02.2019 is justified or not? If not to what relief the concerned workman
is entitled for?"
Accordingly, an industrial dispute No. 48/2024 has been registered.
On 10.12.2024 claimant filed claim statement supported by an affidavit with following relief:
“I. To grant the arrear of minimum guarantee wages to the claimant workman since 02.02.1987 till
07.02.2019,
II. To grant the benefit of regularization policy of Food Corporation of India passed in the year 1991 for
Direct Payment Employees.
III. To direct the Food Corporation of India management to grant the benefit of continuity of service till his
date of his superannuation.
IV. To grant the service benefit such as bonus, leave encashment etc. as per entitlement under Food
Corporation of India policy of DPS system issued in the year 1991.
V. To grant any other relief which this authority deems fit to be passed in the interest of justice.”
On behalf of the respondents statement of defense filed on 29.03.2025 in which preliminary objection also taken by
the respondent.
After filing of the written statement by respondent, in spite of opportunities given to workman, he neither filed
rejoinder nor evidence in support of his case on affidavit
Accordingly heard learned counsel for respondent and gone through the records.
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove
illegality of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail.
Whenever a workman raises a dispute challenging the validity of the termination of service if is imperative
for him to file written statement before the Industrial Court setting out grounds on which the order is
challenged and he must also produce evidence to prove his case. If the workman fails to appear or to file
written statement or produce evidence, the dispute referred by the State Government cannot be answered in
favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49)
FLR 38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led
by or on behalf of the workman the reference is bound to be answered by the court against the workman. In
2700
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
such a situation it is not necessary for the employers to lead any evidence at all. The obligation to lead
evidence to establish an allegation made by a party is on the party making the allegation. The test would be,
who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the
respondent to prove the termination order as illegal. He was required to lead evidence first which he failed.
A perusal of the impugned award also does not show that any evidence either oral or documentary was led
by the respondent. In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any rejoinder/affidavit (examination-in-chief) so it is a case of no evidence filed on
behalf of workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Lucknow.
27th February, 2026
Justice ANIL KUMAR, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 540.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj भारतीय खाद्य जनगम ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd
fookn esa
-
सि
-
] लखनऊ ds iapkV (ृिचान
49/2024) dks izdkf”kr djrh gS]
[सं. एल- 22013/01/2026-vkbZ- vkj- (lh.एम- II)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 540.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (ID. No. 49/2024) of the Central Government Industrial Tribunal-cum-
Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the Management of Food
Corporation of India and their workmen.
[No. L-22013/01/2026- IR (CM-II)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT, LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I.D. No. 49/2024
Ref. No. K-10(49)/2024-IR dated 25.07.2024
BETWEEN
The General Secretary
U P Bhartiya Khadya Nigam Majdoor Sangathan Ayodhya.
AND
1. The Depot Manager, Food Corporation Of India, Sandila, Distt-Hardoi
2. The Area Manager, FCI, 140B Lohar Bagh, Sitapur
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2701
3. The Divisonal Manager, FCI, 7-R, Tilakmarg, Dalibagh, Lucknow
4. The GM FCI, UP Zonal Office, TC/3V, Vibhuti Khand Gomti Nagar, Lucknow
5. The Chairman, FCI Khadya Sadan, 16/20, Barahakhambha Lane, New Delhi
AWARD
By order No. K-10(49)/2024-IR dated 25.07.2024 the present industrial dispute has been referred for
adjudication to this Tribunal in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A)
of Section 10 the Industrial Disputes Act, 1947 (14 of 1947) by the Central Government, with following schedule:
“Whether the action of the management of FCI Sandila depot, Sandila, Hardoi in terminating the services of
workman Shri Munna w.e.f 07.02.2019 is justified or not? If not to what relief the concerned workman is
entitled for?"
Accordingly, an industrial dispute No. 49/2024 has been registered.
On 10.12.2024 claimant filed claim statement supported by an affidavit with following relief:
“I. To grant the arrear of minimum guarantee wages to the claimant workman since 05.02.1986 till
07.02.2019,
II. To grant the benefit of regularization policy of Food Corporation of India passed in the year 1991 for
Direct Payment Employees.
III. To direct the Food Corporation of India management to grant the benefit of continuity of service till his
date of his superannuation.
IV. To grant any other relief which this authority deems fit to be passed in the interest of justice.”
On behalf of the respondents statement of defense filed on 29.03.2025 in which preliminary objection also taken by
the respondent.
After filing of the written statement by respondent, in spite of opportunities given to workman, he neither filed
rejoinder nor evidence in support of his case on affidavit
Accordingly heard learned counsel for respondent and gone through the records.
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove
illegality of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail.
Whenever a workman raises a dispute challenging the validity of the termination of service if is imperative
for him to file written statement before the Industrial Court setting out grounds on which the order is
challenged and he must also produce evidence to prove his case. If the workman fails to appear or to file
written statement or produce evidence, the dispute referred by the State Government cannot be answered in
favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49)
FLR 38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led
by or on behalf of the workman the reference is bound to be answered by the court against the workman. In
such a situation it is not necessary for the employers to lead any evidence at all. The obligation to lead
evidence to establish an allegation made by a party is on the party making the allegation. The test would
be, who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of
the respondent to prove the termination order as illegal. He was required to lead evidence first which he
failed. A perusal of the impugned award also does not show that any evidence either oral or documentary
was led by the respondent. In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any rejoinder/affidavit (examination-in-chief) so it is a case of no evidence filed on
behalf of workman in support of case set up by her, liable to be dismissed.
2702
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Lucknow.
27th February, 2026
Justice ANIL KUMAR, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 541.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj भारतीय खाद्य जनगम ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd
fookn esa
-
सि
-
] लखनऊ ds iapkV (ृिचान
47/2024) dks izdkf”kr djrh gS
[सं. एल -22013/01/2026-vkbZ- vkj- (lh.एम- II)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 541.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (ID. No. 47/2024) of the Central Government Industrial Tribunal-cum-
Labour Court, Lucknow as shown in the Annexure, in the industrial dispute between the Management of Food
Corporation of India and their workmen.
[No. L-22013/01/2026- IR (CM-II)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL –CUM- LABOUR COURT, LUCKNOW
PRESENT
JUSTICE ANIL KUMAR
PRESIDING OFFICER
I.D. No. 47/2024
Ref. No. K-10(26)/2024-IR dated 24.07.2024
BETWEEN
The General Secretary
U P Bhartiya Khadya Nigam Majdoor Sangathan Ayodhya.
AND
1. The Depot Manager, Food Corporation Of India, Sandila, Distt-Hardoi
2. The Area Manager, FCI, 140B Lohar Bagh, Sitapur
3. The Divisonal Manager, FCI, 7-R, Tilakmarg, Dalibagh, Lucknow
4. The GM FCI, UP Zonal Office, TC/3V, Vibhuti Khand Gomti Nagar, Lucknow
5. The Chairman, FCI Khadya Sadan, 16/20, Barahakhambha Lane, New Delhi
AWARD
By order No. K-10(26)/2024-IR dated 24.07.2024 the present industrial dispute has been referred for
adjudication to this Tribunal in exercise of the powers conferred by clause (d) of sub-section (1) and sub-section (2A)
of Section 10 the Industrial Disputes Act, 1947 (14 of 1947) by the Central Government, with following schedule:
“Whether the action of the management of FCI Sandila depot, Sandila, Hardoi in terminating the services of
workman Shri Guru w.e.f 07.02.2019 is justified or not? If not to what relief the concerned workman
is entitled for?"
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2703
Accordingly, an industrial dispute No. 47/2024 has been registered.
On 10.12.2024 claimant filed claim statement supported by an affidavit with following relief:
“I. To grant the arrear of minimum guarantee wages to the claimant workman since 04.02.1986 till
07.02.2019,
II. To grant the benefit of regularization policy of Food Corporation of India passed in the year 1991 for
Direct Payment Employees.
III. To direct the Food Corporation of India management to grant the benefit of continuity of service till his
date of his superannuation.
IV. To grant the service benefit such as bonus, leave encashment etc. as per entitlement under Food
Corporation of India policy of DPS system issued in the year 1991.
V. To grant any other relief which this authority deems fit to be passed in the interest of justice.”
On behalf of the respondents statement of defense filed on 29.03.2025 in which preliminary objection also taken by
the respondent.
After filing of the written statement by respondent, in spite of opportunities given to workman, he neither filed
rejoinder nor evidence in support of his case on affidavit
Accordingly heard learned counsel for respondent and gone through the records.
In view of the above said facts the claimant/workman has not field any rejoinder/evidence in support of his case on
affidavit, in spite of several opportunities given to him and taking into consideration the law as laid by the Hon'ble
High Court in the case of V. K. Raj Industries v. Labour Court (1) and others 1981 (29) FLR 194 as under:
“It is well settled that if a party challenges the legality of an order, the burden lies upon him to prove
illegality of the order and if no evidence is produced the party invoking jurisdiction of the Court must fail.
Whenever a workman raises a dispute challenging the validity of the termination of service if is imperative
for him to file written statement before the Industrial Court setting out grounds on which the order is
challenged and he must also produce evidence to prove his case. If the workman fails to appear or to file
written statement or produce evidence, the dispute referred by the State Government cannot be answered in
favour of the workman and he would not be entitled to any relief.”
In the case of M/s Uptron Powertronics Employees’ Union, Ghaziabad through its Secretary v. Presiding Officer,
Labour Court (II), Ghaziabad and others 2008 (118) FLR 1164 Hon‘ble Allahabad High Court has held as under:
“The law has been settled by the Apex Court in case of Shanker Chakravarti v. Britannia Biscuit Co. Ltd.,
V.K. Raj Industries v. Labour Court and Ors., Airtech Private Limited v. State of U.P. and Ors. 1984 (49)
FLR 38 and Meritech India Ltd. v. State of U.P. and Ors. 1996 FLR that in the absence of any evidence led
by or on behalf of the workman the reference is bound to be answered by the court against the workman. In
such a situation it is not necessary for the employers to lead any evidence at all. The obligation to lead
evidence to establish an allegation made by a party is on the party making the allegation. The test would be,
who would fail if no evidence is led.”
And by the Hon‘ble Allahabad High Court in the case of District Administrative Committee, U.P. P.A.C.C.S.C.
Services v. Secretary-cum-G.M. District Co-operative Bank Ltd. 2010 (126) FLR 519; wherein it has been held as
under:
“The submission is that even if the petitioner failed to lead the evidence, burden was on the shoulders of the
respondent to prove the termination order as illegal. He was required to lead evidence first which he failed.
A perusal of the impugned award also does not show that any evidence either oral or documentary was led
by the respondent. In the case of no evidence, the reference has to be dismissed.”
As the workman has not filed any rejoinder/affidavit (examination-in-chief) so it is a case of no evidence filed on
behalf of workman in support of case set up by her, liable to be dismissed.
For the foregoing reasons, the case is dismissed and; and the workman is not entitled for any relief.
Award as above.
Lucknow.
27th February, 2026
Justice ANIL KUMAR, Presiding Officer
2704
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
नई ददल्ली, 23 माचव, 2026
का.आ. 542. —vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj सीसीएल ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I
ds iapkV (
176/2001) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -20012/247/2001--vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 542.— In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 176/2001) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
CCL. and their workmen received by the Central Government on 10/03/2026
[No. L-20012/247/2001- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 176/2001
Parties:
Employer in relation to the management of N.S.D. Colliery
of M/s. CCL, Bokaro
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 04/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/247/2001 -IR(C-I) dated 10/08/2001 has been pleased to refer the following dispute between the
employer i.e. management of N.S.D. Colliery of M/s. CCL, Bokaro and their workman through Secretary, Rashtriya
Koyla Mazdoor Union, Bokaro for adjudication by this Tribunal:
SCHEDULE
―Whether the action of the management of N.S.D. Colliery of M/s C.C.L., not providing employment
to Shri Guju Mahato Younger brother of deceased employee Late Sukar Mahato is justified? If not to
what relief is the workman concerned entitled?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/247/2001 -IR(C-I) dated 10/08/2001 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 176 of 2001 was registered on 10.09.2001 and
thereafter the notices were sent to the parties with a direction to appear and submit their written statements along with
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2705
relevant documents and witnesses in support of their claims.
4. After service of notice, both parties appeared previously and filed their authorities, W/S and subsequently
rejoinder. It further appears that after 2006 this case was put up after a long gap on 10.09.2021 and registered notices
were issued to both the parties but workman/union failed to appear before this Tribunal. However Sri D.K. Verma,
Ld. Advocate on behalf of the management appeared.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
2021 which shows that he has lost his interest in this case and therefore, for the ends of justice, this case deserves to
be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 543. —vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj सीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि -
] धनबाद-I
ds iapkV (
184/2001) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 20012/143/2001-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 543.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 184/2001) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
CCL. and their workmen received by the Central Government on 10/03/2026
[No. L-20012/143/2001- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 184/2001
Parties:
Employer in relation to the management of Piparwar Area
of M/s. CCL, Bachra, Chatra
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 04/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
2706
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
No. L-20012/143/2001 -IR(C-I) dated 10/08/2001 has been pleased to refer the following dispute between the
employer i.e. management of Piparwar Area of M/s. CCL, Chatra and their workman through Vice President,
Rashtriya Colliery Mazdoor Sangh, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the demand of the RCMS from the management of CCL, Piparwar Area for protection of
pay of the piece rated workman, Shri Kailash Manjhi & 13 others (as per list) upon regularization as
time rate workman is justified and fair? If so, to what relief are the said workmen entitled ?‖
LIST OF WORKMEN
Sl. No.
Name
Father‘s Name
1.
Kailash Manjhi
Ram Prit Manjhi
2.
Sahdeo Singh
Sri Sobbi Singh
3.
Ganesh Raibha
Sri Arjun Raibha
4.
Basant Ram
Sri Mathura Ram
5.
Bhuneshar Prasad
Sri Phul Singh
6.
Bhola Saw
Sri Sarju Saw
7.
Mukhlal Mochi
Sri Bituwa Mochi
8.
Ampa Mahto
Sri Jagan Mahto
9.
Ugan Mahto
Sri Khaita Mahto
10.
Ramdhani Saw
Sri Jagannath Saw
11.
Yamuna Saw
Sri Bilawati Saw
12.
Baldeo Ganjhu
Sri Lakhaman Ganjhi
13.
Chandedeo Mochi
Sri Bandu Mochi
14.
Jainath Mahto
Sri Latu Mahto
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/143/2001 -IR(C-I) dated 10/08/2001 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 184 of 2001 was registered on 10.09.2001 and
thereafter the notices were sent to the parties with a direction to appear and submit their written statements along with
relevant documents and witnesses in support of their claims.
4. After service of notice, both parties appeared previously and filed their authorities, W/S and subsequently
rejoinder. It further appears that after 2006 this case was put up after a long gap on 10.09.2021 and registered notices
were issued to both the parties but workman/union failed to appear before this Tribunal. However Sri D.K. Verma,
Ld. Advocate on behalf of the management appeared. It transpires from the case record that workman/union failed to
appear before the Tribunal since 2021 which shows that workman/union has lost his interest in this case and therefore,
for the ends of justice, this Tribunal is of the opinion that the case deserves to be dismissed due to non prosecution.
5. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 544.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएलds izca/kra= ds lac) fu;kstdksA vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
59/2002) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -20012/70/2002-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2707
New Delhi, the 23rd March, 2026
S.O. 544.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 59/2002) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL and their workmen received by the Central Government on 10/03/2026
[No. L-20012/70/2002- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 59/2002
Parties:
Employer in relation to the management of Bagdigi Colliery
of M/s. BCCL, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/70/2002 -IR(C-I) dated 22/30.05.2002 has been pleased to refer the following dispute between the
employer i.e. management of Bagdigi Colliery of M/s. BCCL, Dhanbad and their workman through Joint General
Secretary, Colliery Karamchari Sangh, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the action of the management of BCCL, Bagdigi Colliery in neither permitting Shri Babban
Singh Clerk to resume duties nordeclaring him medically unfit for a long period extending upto his
date of superannuation is justified? If not to what relief the workman entitled in respect of i) Payment
of Wages for the idle period during which he continued to be under treatment, and (ii) Employment of
dependent under Cl. 9.4.3 of NCWA and what orders are necessary in this regard ?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/70/2002 -IR(C-I) dated 22/30.05.2002 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 59 of 2002 was registered on 10.06.2002 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
4. After service of notice, both parties appeared previously and filed their authorities, W/S and subsequently
rejoinder. It further appears that after 2006 this case was put up after a long gap on 29.07.2021 and registered notices
were issued to both the parties but workman/union failed to appear before this Tribunal. However Sri D.K. Verma,
Ld. Advocate on behalf of the management appeared.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
September 2021 which shows that he has lost his interest in this case and therefore, for the ends of justice, this case
deserves to be dismissed for non prosecution.
2708
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 545.— vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएलds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि -
] धनबाद-I
ds iapkV (
45/2012) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -22011/7/2012-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 545.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 45/2012) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL and their workmen received by the Central Government on 10/03/2026.
[No. L-22011/7/2012- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 45/2012
Parties:
Employers in relation to the management of Food Corporation of
India, District Office, Ranchi
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Food & Public Distribution
Dated 05/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-22011/7/2012 -IR(CM-II) dated 06/09/2012 has been pleased to refer the following dispute between the
employer i.e. management of Food Corporation of India, District Office, Ranchi and Food Corporation of India, Main
Road, Ranchi and their workman through General Secretary, Food Corporation of India Workers‘ Union, Kolkata and
General Secretary, Food Corporation of India Handling Workers Union, New Delhi for adjudication by this Tribunal:
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2709
SCHEDULE
―Whether the action of the management of Food Corporation of India in (i) cancelling the transfer of
47 workmen under No Work No Pay System from FSD, Suriya Godown to FSD, Jamui, (ii)
transferring the Departmental Labour Gang No, 1&2 comprising 29 workmen (as per list) from FCI,
FSD, Gulma Depot to Dhanbad and Jasidih and (ii) transferring 47 workmen under No Work No Pay
System from FSD, Suriya Godown to FCI, FSD, Gumla Depot operating through Departmental
Labour are legal and justified. What relief the workmen are entitled to?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-22011/7/2012 -IR(CM-II) dated 06/09/2012 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 45 of 2012 was registered on 25.09.2012 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
4. After receipt of the reference on 25.09.2012, this case was put up after a long gap on 06.11.2021 and regd.
notices were issued to both the parties and both the parties appeared on 31.01.2022 but thereafter workman/union
failed to appear before this Tribunal and notice was again issued to workman/union on 20.05.2022 but again
workman/union failed to appear. However management appeared on certain dates and after 27.06.2023 management
also failed to appear but workman/union failed to appear.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
February 2022 which shows that he has lost his interest in this case and therefore, for the ends of justice, this case
deserves to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 546.— vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि -
] धनबाद-I
ds iapkV (
41/2004) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 22012/299/2003-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 546.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 41/2004) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-22012/299/2003- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 41/2004
Parties:
Employer in relation to the management of Sijua Area
of M/s. BCCL, Sijua, Dhanbad
2710
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/299/2003 -IR(C-I) dated 26/04/2004 has been pleased to refer the following dispute between the
employer i.e. management of Sijua Area of M/s. BCCL, Sijua, Dhanbad and their workman through Secretary,
Dhanbad Colliery Karamchari Sangh, Hirapur, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―क्या भा को को लऱ, लिजुआ क्षेत्र के प्रबॊधतॊत्र द्वारा कममकार लिर नुनुऱाऱ ककस्कु को ददनाॊक 6/7/2002
िे िेवामुक्त ककया जाना उचित एवॊ न्याय िॊगत है? यदद नह ॊ तो कममकार ककि राहत के ऩात्र हैं ?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/299/2003 -IR(C-I) dated 26/04/2004 Government of India, Ministry of Labour, New
Delhi for adjudication of the dispute, Reference case no. 41 of 2004 was registered on 14.05.2004 and thereafter the
notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
3. After service of notice, both parties appeared previously and filed their authorities, W/S and subsequently rejoinder.
It further appears that after 2006 this case was put up after a long gap on 26.11.2021 and registered notices were
issued to both the parties but workman/union failed to appear before this Tribunal. However Sri D.K. Verma, Ld.
Advocate on behalf of the management appeared.
4. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
November 2021 which shows that he has lost his interest in this case and therefore, for the ends of justice, this case
deserves to be dismissed for non prosecution.
5. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 547.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
40/2005) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 22012/221/2004-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2711
New Delhi, the 23rd March, 2026
S.O. 547.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 40/2005) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026
[No. L-22012/221/2004- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 40/2005
Parties:
Employer in relation to the management of Govindpur Area-III
of M/s. BCCL, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri Chandramani Kumar, Asstt. Manager (Legal)
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 06/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/221/2004 -IR(C-I) dated 31/03/2005 has been pleased to refer the following dispute between the
employer i.e. management of Govindpur Area-III of M/s. BCCL, Dhanbad and their workman through Organizing
Secretary, Rashtriya Colliery Mazdoor Sangh, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the demand of the Rashtriya Colliery Mazdoor Sangh from the management of BCCL,
Govindpur Area-III that Sh. Lala Rewani, General Mazdoor may be regularized as Magazine Clerk in
Grade-II w.e.f. 22.7.91, in Grade-I w.e.f. 22.7.95, in Special Grade w.e.f. 22.7.99 and in T & S Grade
‗A‘ w.e.f. 22.7.03 with all consequential benefits is justified? If so, to what relief is the workman
concerned entitled?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/221/2004 -IR(C-I) dated 31/03/2005 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 40 of 2005 was registered on 04.05.2005 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
4. After receipt of the reference on 04.05.2005, this case was put up after a long gap on 13.12.2019 and regd.
notices were issued to both the parties but workman/union failed to appear before this Tribunal. However Sri Ganesh
Prasad, Advocate on behalf of the management appeared. Today Sri Chandramani Kumar, Asstt. Manager (Legal) for
the management appeared and submitted that workman has not appeared since beginning in this case so case may be
closed.
2712
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
beginning which shows that he has lost his interest in this case and therefore, for the ends of justice, this case deserves
to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 548.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj ईसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
39/2004) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 22012/287/2003-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 548.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 39/2004) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
ECL. and their workmen received by the Central Government on 10/03/2026.
[No. L-22012/287/2003- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 39/2004
Parties:
Employer in relation to the management of Mugma Area
Of M/s. ECL, Mugma, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 06/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of the
Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No. L-20012/287/2003-IR(C-I) dated 26/04/2004 has been pleased to refer the following dispute between the
employer i.e. management of Mugma Area of M/s. ECL, Dhanbad and their workman through Chief Organizing
Secretary, Koyla Mazdoor Congress, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the action of the management of Lakhimata Colliery of M/s ECL in dismissing Sri Kartik
Bouri Underground Loader vide order dated 14.12.2002 is just, fair & legal? If not, to what relief is the
concerned workman entitled?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/287/2003-IR(C-I) dated 26/04/2004 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 39 of 2004 was registered on 14.05.2004 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2713
4. After receipt of the reference on 19.08.2003, Sri R.K. Tripathy, Chief Org. Secretary for the workman appeared
on 15.07.2005 and filed written statement and Sri D.K. Verma, Advocate for the management appeared on
16.03.2006 and 17.08.2006 but failed to file written statement. Thereafter this case was put up after a long gap on
26.11.2021 and regd. notices were issued to both the parties but workman/union failed to appear before this Tribunal.
However Sri D.K. Verma, Advocate for the management appeared on 11.04.2022 and filed written statement after
that he appeared on certain dates.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
2021 which shows that he has lost his interest in this case and therefore, for the ends of justice, this case deserves to
be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 549.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj रटस्ट्को ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
66/2003) dks izdkf”kr
djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -22012/293/2002-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 549.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 66/2003) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
Tisco. and their workmen received by the Central Government on 10/03/2026.
[No. L-22012/293/2002- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 66/2003
Parties:
Employer in relation to the management of Sijua Colliery
Of M/s. TISCO, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri Jagdish Karmkar, Chief Manager (HR)
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 06/02/2026
2714
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/293/2002-IR(C-I) dated 16/07/2003 has been pleased to refer the following dispute between the
employer i.e. management of Sijua Colliery of M/s. TISCO, Dhanbad and their workman through Vice President,
Rashtriya Colliery Mazdoor Congress, Hirapur, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the action of management of Sijua Colliery of M/s Tisco in dismissing Sri Jaswant Singh
from the services of the company w.e.f. 28.1.2000 is fair and justified? If not, to what relief is the
concerned workman entitled?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/293/2002-IR(C-I) dated 16/07/2003 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 66 of 2003 was registered on 19.08.2003 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
4. After receipt of the reference on 19.08.2003, Sri S.C. Gour, Advocate for the workman appeared on 16.09.2003
and filed written statement along with letter of authority. Thereafter this case was put up after a long gap on
17.08.2021 and regd. notices were issued to both the parties but neither the workman nor the management appeared
before this Tribunal and notice of workman/union returned with endorsement ―Addressee Left‖. Today Sri Jagdish
Karmkar, Chief Manager (HR) for the management appeared and submitted that workman has not appeared since
2021 in this case so case may be closed.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
2021 which shows that he has lost his interest in this case and therefore, for the ends of justice, this case deserves to
be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 550.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि -
] धनबाद-I ds iapkV (
44/2002) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 22012/561/2001-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 550.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 44/2002) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-22012/561/2001- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2715
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 44/2002
Parties:
Employer in relation to the management of Amlabad Colliery
Of M/s. BCCL, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri Santosh Kumar, Dy. Manager (HR)
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 06/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/561/2001-IR(C-I) dated 01/03/2002 has been pleased to refer the following dispute between the
employer i.e. management of Amlabad Colliery of M/s. BCCL, Dhanbad and their workman through Regional
Secretary, Bihar Pradesh Colliery Mazdoor Congress, Jharia, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the management of Amlabad Colliery‘s is justified in dismissing Shri Chaitu Bouri from
service? If not, to what relief is the workman entitled?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/561/2001-IR(C-I) dated 01/03/2002 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 44 of 2002 was registered on 21.03.2002 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
4. After receipt of the reference on 21.03.2002, this case was put up after a long gap on 02.08.2021 and regd.
notices were issued to both the parties but neither the workman nor the management appeared before this Tribunal
and notice of workman/union returned with endorsement ―unclaimed‖. Today Sri Santosh Kumar, Dy. Manager (HR)
for the management appeared and submitted that workman has not appeared since beginning in this case so case may
be closed.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
beginning which shows that he has lost his interest in this case and therefore, for the ends of justice, this case deserves
to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 551.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
2716
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
-
सि
-
] धनबाद-I ds iapkV (
40/2005) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -22012/221/2004-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 551.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 40/2005) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-22012/221/2004 IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 40/2005
Parties:
Employer in relation to the management of Govindpur Area-III
of M/s. BCCL, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri Chandramani Kumar, Asstt. Manager (Legal)
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 06/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/221/2004 -IR(C-I) dated 31/03/2005 has been pleased to refer the following dispute between the
employer i.e. management of Govindpur Area-III of M/s. BCCL, Dhanbad and their workman through Organizing
Secretary, Rashtriya Colliery Mazdoor Sangh, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the demand of the Rashtriya Colliery Mazdoor Sangh from the management of BCCL,
Govindpur Area-III that Sh. Lala Rewani, General Mazdoor may be regularized as Magazine Clerk in
Grade-II w.e.f. 22.7.91, in Grade-I w.e.f. 22.7.95, in Special Grade w.e.f. 22.7.99 and in T & S Grade
‗A‘ w.e.f. 22.7.03 with all consequential benefits is justified? If so, to what relief is the workman
concerned entitled?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India
for disposal of pending cases.
3. On receiving order no. L-20012/221/2004 -IR(C-I) dated 31/03/2005 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 40 of 2005 was registered on 04.05.2005 and
thereafter the notices were sent to the parties with a direction to appear and submit their written statements along
with relevant documents and witnesses in support of their claims.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2717
4. After receipt of the reference on 04.05.2005, this case was put up after a long gap on 13.12.2019 and regd.
notices were issued to both the parties but workman/union failed to appear before this Tribunal. However Sri Ganesh
Prasad, Advocate on behalf of the management appeared. Today Sri Chandramani Kumar, Asstt. Manager (Legal) for
the management appeared and submitted that workman has not appeared since beginning in this case so case may be
closed.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
beginning which shows that he has lost his interest in this case and therefore, for the ends of justice, this case deserves
to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 552.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि -
] धनबाद-I ds iapkV (
101/2002) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -20012/143/2002-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 552.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 101/2002) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/143/2002- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 101/2002
Parties:
Employer in relation to the management of Bagdigi Colliery
Of M/s. BCCL, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri Sonu Kumar, Dy. Manager (HR)
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 06/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/143/2002 -IR(C-I) dated 11/09/2002 has been pleased to refer the following dispute between the
employer i.e. management of Bagdigi Colliery of M/s. BCCL, Dhanbad and their workman through Secretary,
B.C.K.U., Hirapur, Dhanbad for adjudication by this Tribunal:
2718
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
SCHEDULE
―क्या भा. को. को. लऱ. बागद गी कोलऱयर के प्रबॊधतॊत्र द्वारा कममकार श्री मो. जऱाऱ को ददनाॊक 23.11.94
िे बर्ामस्त ककया जाना उचित, न्यायिॊगत एवॊ ववचधवत है? यदद नह ॊ तो कममकार ककि राहत के ऩात्र हैं ?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/143/2002 -IR(C-I) dated 11/09/2002 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 101 of 2002 was registered on 27.09.2002 and
thereafter the notices were sent to the parties with a direction to appear and submit their written statements along with
relevant documents and witnesses in support of their claims.
4. After service of notice, both parties appeared previously and filed their authorities, W/S and subsequently
rejoinder. It further appears that after 2006 this case was put up after a long gap on 06.08.2021 and registered notices
were issued to both the parties but workman/union failed to appear before this Tribunal. However Sri D.K. Verma,
Advocate on behalf of the management appeared. Thereafter on 02.01.2026 regd. notice was again issued to
workman/union but he again failed to appear. Today Sri Sonu Kumar, Dy. Manager (HR) on behalf of the
management appeared and submitted that workman is not present since 2021 so case may be closed.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
2021 which shows that he has lost his interest in this case and therefore, for the ends of justice, this case deserves to
be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 553.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
156/2001) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 20012/132/2001-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 553.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 156/2001) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/132/2001- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 156/2001
Parties:
Employer in relation to the management of Govindpur Area No.III
Of M/s. BCCL, Dhanbad
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2719
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri Chandramani Kumar, Asstt. Manager (Legal)
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 06/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of the
Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order No.L-
20012/132/2001-IR(C-I) dated 10/07/2001 has been pleased to refer the following dispute between the employer i.e.
management of Govindpur Area No.III of M/s. BCCL, Dhanbad and their workman through General Secretary,
Jharkhand Janta Mazdoor Union, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―क्या मै. भा. को. को. लऱ., गोववॊदऩुर क्षेत्र-3 के प्रबॊधतॊत्र द्वारा श्री कार्तमक माॊझी को बर्ामस्त ककया जाना
ववचधवत, न्यायिॊगत एवॊ उचित है? यदद नह ॊ तो कममकार ककि राहत के ऩात्र हैं?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/132/2001-IR(C-I) dated 10/07/2001 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 156 of 2001 was registered on 06.08.2001 and
thereafter the notices were sent to the parties with a direction to appear and submit their written statements along with
relevant documents and witnesses in support of their claims.
4. After receipt of the reference on 06.08.2001, this case was put up after a long gap on 17.09.2021 and regd.
notices were issued to both the parties and on 20.12.2021 and 24.01.2022 Sri Pradeep Kr. Singh, Secretary on behalf
of the workman/union appeared and filed his letter of authority as well as petition stating therein that record of this
case is not available in union office, if the concerned workman and the then secretary Sri Pintu Mondal handed over
record of this file then union is ready to contest the case after that he failed to appear till 23.05.2025 but on
31.10.2025 he again appeared and prayed time to file W/S. Thereafter he again failed to appear. Today Sri
Chandramani Kumar, Asstt. Manager (Legal) for the management appeared and submitted that workman is not taking
any step in this case since long so case may be closed.
5. On perusal of the entire case record it transpires that workman/union has lost his interest in this case and
therefore, for the ends of justice, this case deserves to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 554.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj सीसीएल ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
113/2003) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 20012/159/2003-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
2720
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
New Delhi, the 23rd March, 2026
S.O. 554.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 113/2003) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
CCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/159/2003- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 113/2003
Parties:
Employer in relation to the management of Jarangdih Colliery
Of M/s. CCL, Jarangdih, Bokaro
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/159/2003 -IR(C-I) dated 10/11/2003 has been pleased to refer the following dispute between the
employer i.e. management of Jarangdih Colliery of M/s. CCL, Bokaro and their workman through Secretary, C.M.U.
Dhori, Bokaro for adjudication by this Tribunal:
SCHEDULE
―Whether the action of the management of Jarangdih Colliery of M/s C.C.Ltd to dismiss Shri Kali
Charan Mohli from service w.e.f. 16.9.99 is legal and justified? If not, to what relief is the workman
concerned entitled ?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/159/2003 -IR(C-I) dated 10/11/2003 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 113 of 2003 was registered on 24.11.2003 and
thereafter the notices were sent to the parties with a direction to appear and submit their written statements along with
relevant documents and witnesses in support of their claims.
4. After service of notice, both parties appeared previously and filed their authorities, W/S and subsequently
rejoinder. It further appears that after 2006 this case was put up after a long gap on 17.09.2021 and registered notices
were issued to both the parties but workman/union failed to appear before this Tribunal and notice of the
workman/union returned with endorsement ―Insufficient Address‖. However Sri D.K. Verma, Ld. Advocate on behalf
of the management appeared. Thereafter on 09.01.2026 Sri D. Mukherjee, Advocate on behalf of the workman
appeared and submitted that workman is not traceable.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2721
5. On perusal of the entire case record it transpires that workman never appeared before this Tribunal since
December 2021 which shows that he has lost his interest in this case and therefore, for the ends of justice, this case
deserves to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 555.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj सीसीएल ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
11/2004) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 20012/201/2003-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 555.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 11/2004) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/201/2003- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 11/2004
Parties:
Employer in relation to the management of Kathara Area
of M/s. C.C.L., Kathara, Bokaro
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri D.K. Verma, Ld. Advocate.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
2722
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
No. L-20012/201/2003-IR(C-I) dated 24/12/2003 has been pleased to refer the following dispute between the
employer i.e. management of Kathara Area of M/s. CCL, Kathara, Bokaro and their workman through Regional
Secretary, Bihar Colliery Kamgar Union, Kathara, Bokaro for adjudication by this Tribunal:
SCHEDULE
―Whether the action of the management of Govindpur Project under Kathara Area of M/s CCL in
terminating the services of Sri Hiralal Kamar, T.No. 1077 vide letter No. PO/PG/PD/C.sheet/D-
A/2002/1908 dated 17/18.7.2002 is justified? If not, to what relief is the workman entitled?‖
2. On receiving order no. L-20012/201/2003-IR(C-I) dated 24/12/2003 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 11 of 2004 was registered on 02.01.2004 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
3. After service of notice, both parties appeared previously and filed their authorities, W/S and subsequently
rejoinder. It further appears that after 2006 this case was put up after a long gap on 26.11.2021 and registered notices
were issued to both the parties and Sri D.K. Verma, Ld. Advocate on behalf of the management appeared but
workman/union failed to appear before this Tribunal. It transpires from the case record that workman/union failed to
appear before the Tribunal since the year 2021 which shows that workman/union has lost his interest in this case and
therefore, this Tribunal is of the opinion that the case deserves to be dismissed due to non prosecution.
4. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 556. —vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि -
] -I
ds iapkV (
42/2002) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 20012/565/2001-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 556.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 42/2002) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026
[No. L-20012/565/2001- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 42/2002
Parties:
Employer in relation to the management of Govindpur Area-III
of M/s. BCCL, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2723
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/565/2001 -IR(C-I) dated 01/03/2002 has been pleased to refer the following dispute between the
employer i.e. management of Govindpur Area-III of M/s. BCCL, Dhanbad and their workman through Vice
President, Rashtriya Colliery Mazdoor Sangh, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the denial by the management of Maheshpur Colliery Area-III of M/s. BCCL to regularize
Shri Rameshwar Mahato as fitter and not to pay him category-IV wages is legal and justified? If not,
to what benefits is the concerned workman entitled and from what date ?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/565/2001 -IR(C-I) dated 01/03/2002 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 42 of 2002 was registered on 21.03.2002 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
4. After service of notice, both parties appeared previously and filed their authorities, W/S and subsequently
rejoinder. It further appears that after 2006 this case was put up after a long gap on 29.07.2021 and registered notices
were issued to both the parties but workman/union failed to appear before this Tribunal. However Sri D.K. Verma,
Ld. Advocate on behalf of the management appeared.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
September 2021 which shows that he has lost his interest in this case and therefore, for the ends of justice, this case
deserves to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 557.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdksA vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] -I ds iapkV (
39/2011) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -20012/74/2010-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 557.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 39/2011) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/74/2010- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
2724
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 39/2011
Parties:
Employers in relation to the management of Kusunda Area
of M/s. BCCL, Kusunda, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/74/2010 -IR(CM-I) dated 22/07/2011 has been pleased to refer the following dispute between the
employer i.e. management of Kusunda Area of M/s BCCL, Dhanbad and their workman through Area President, Coal
Mines Piecerated Workers Association, Kusunda, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the action of the Godhur Colliery of M/s BCCL in not paying the arrears of NCWA-V to
S/Sri Ram Padarath Paswan and 09 other Trammers is fair and justified? To what relief the
concerned workmen are entitled to?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/74/2010- IR(CM-I) dated 22/07/2011 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 39 of 2011 was registered on 17.08.2011 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
4. After receipt of the reference on 17.08.2011, this case was put up after a long gap on 19.01.2022 and regd.
notices were issued to both the parties but neither the workman nor the management appeared before this Tribunal
and notice of the union returned with endorsement “अधूरा पता”. Thereafter on 12.09.2025 Sri N. Nath, O.S. Legal,
H.Q. appeared for the management but workman/union failed to appear.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
beginning which shows that he has lost his interest in this case and therefore, for the ends of justice, this case deserves
to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2725
नई ददल्ली, 23 माचव, 2026
का.आ. 558.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdkAs vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] -I ds iapkV (
43/2002) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -20012/567/2001-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 558.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 43/2002) of the Central Government Industrial Tribunal-cum-
Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of BCCL.
and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/567/2001- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 43/2002
Parties:
Employers in relation to the management of Bastacola Area
Of M/s. BCCL, Jharia, Dhanbad.
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri Rishi Raj Meena, Legal Inspector
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 04/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/567/2001-IR(C-I) dated 01/03/2002 has been pleased to refer the following dispute between the
employer i.e. management of Bastacola Area of M/s. BCCL, Dhanbad and their workman through Organization
Secretary, Rashtriya Colliery Mazdoor Sangh, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the demand of the RCMS from the management of BCCL, Bastacola Area for withdrawl of
order of dismissal of Shri Nakul, Blacksmith and his reinstatement into service is just and fair, if so, to
what relief is the workman entitled ?‖
2726
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
2. On receiving order no. L-20012/567/2001-IR(C-I) dated 01.03.2002 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 43 of 2002 was registered on 21.03.2002 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
3. After receipt of the reference on 21.03.2002, this case record was put up after a long gap on 02.08.2021 and
registered notices were sent to both the parties but both the parties failed to appear before this Tribunal. Thereafter
again regd. notice was issued to union on 25.07.2025 but he again failed to appear and tracking report of same shows
―Item Delivered‖. Though on 10.10.2025 Sri Rishi Raj Meena, Legal Inspector for the management appeared.
4. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
02.08.2021 which shows that workman/union has lost his interest in this case and therefore, for the ends of justice,
this case deserves to be dismissed for non prosecution.
5. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 559.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdksA vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] -I ds iapkV (
56/2004) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -20012/45/2004-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 559.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 56/2004) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026
[No. L-20012/45/2004- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 56/2004
Parties:
Employers in relation to the management of Sijua Area
Of M/s. BCCL, Sijua, Dhanbad.
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2727
Appearances:
For the Employers :- Sri D.K. Verma, Ld. Advocate.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 04/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/45/2004-IR(C-I) dated 08/16.06.2004 has been pleased to refer the following dispute between the
employer i.e. management of Sijua Area of M/s. BCCL, Dhanbad and their workman through Organizing Secretary,
Rashtriya Colliery Mazdoor Sangh, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―क्या राष्ट्र य कोलऱयर मजदूर िॊघ की भा को को लऱ, लिजुआ क्षेत्र के प्रबॊधतॊत्र िे माॊग कक श्री ऩरमेश्वर
दाि माइनर/ऱोडर को उन्हें अऩने मूऱ भू-गत कायम के लऱए चिककत्िा आधार ऩर अक्षम घोवित ककए जाने
तथा उनके ऩुत्र को िेवा योजन ददए जाने के बीि की अवधी के लऱय लऱए वेतन एवॊ िॊवती ऱाभ ददए
जाएॊ उचित एवॊ न्यायिॊगत है? यदद हाॉ तो कममकार ककि राहत के ऩात्र हैं?‖
2. On receiving order no. L-20012/45/2004-IR(C-I) dated 08/16.06.2004 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 56 of 2004 was registered on 28.06.2004 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
3. After receipt of the reference on 28.06.2004, this case record was put up after a long gap on 25.11.2021 and
registered notices were sent to both the parties and Sri D.K. Verma, Ld. Advocate on behalf of the management
appeared on 18.04.2022 and thereafter he remained present before the Tribunal but the workman/union failed to
appear before this Tribunal. Thereafter on 25.07.2025 second regd. notice was issued to workman/union but he again
failed to appear.
4. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
25.11.2021 which shows that the workman/union has lost his interest in this case and therefore, for the ends of justice,
this case deserves to be dismissed for non prosecution.
5. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 560.— vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdks vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि -
] -I
ds iapkV (
85/2002) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -20012/65/2002-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 560.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 85/2002) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-. 20012/65/2002- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
2728
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 85/2002
Parties:
Employer in relation to the management of Kustore Area
of M/s. BCCL, Kustore, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 04/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/65/2002-IR(C-I) dated 25/07/2002 has been pleased to refer the following dispute between the employer
i.e. management of Kustore Area of M/s. BCCL, Dhanbad and their workman through Regional Secretary, Sampurn
Bharat Coking Coal Limited, Chaalaak Samiti, Kustore, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether grant of promotion to Sri Kanhaiya Singh, Anugrah Singh and Jagarnath Rout in
Category-VI by the management of BCCL Kustore Area against their wish is legal and justified? If
not, to what relief is the concerned workmen entitled?‖
2. On receiving order no. L-20012/65/2002-IR(C-I) dated 25/07/2002 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 85 of 2002 was registered on 02.08.2002 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
3. After service of notice, both parties appeared previously and filed their authorities, W/S and subsequently
rejoinder. It further appears that after 2006 this case was put up after a long gap on 29.07.2021 and registered notices
were issued to both the parties but both the parties failed to appear before this Tribunal. Thereafter on 27.06.2025 and
25.07.2025, Sri N. Nath, O.S. Legal H.Q. appeared for the management but workman/union failed to appear and on
25.07.2025 again regd. Notices were sent to workman/union and the same was returned with endorsement
―Insufficient Address‖. Though on 10.10.2025 management also failed to appear. It transpires from the case record
that workman/union failed to appear before the Tribunal since the year 2021 which shows that workman/union has
lost his interest in this case and therefore, this Tribunal is of the opinion that the case deserves to be dismissed due to
non prosecution.
4. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 561. —vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2729
-
सि -
] धनबाद-I
ds iapkV (
170/2001) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 20012/202/2001-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 561.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 170/2001) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/202/2001- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 170/2001
Parties:
Employers in relation to the management of Govindpur Area No.III
Of M/s. BCCL, Sonardih, Dhanbad.
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 04/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/202/2001-IR(C-I) dated 11/07/2001 has been pleased to refer the following dispute between the
employer i.e. management of Govindpur Area No.III of M/s. BCCL, Dhanbad and their workman through Vice
President, Rashtriya Colliery Sangh, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―क्या भा.को.को.लऱ., गोववन्दऩुर क्षेत्र –III के प्रबॊधतॊत्र द्वारा कममकार श्री त्रीनाथ बेहरा को उनकी आयु 1.9.72
को 26 विम न मानते हुए ददनाॊक 25.8.99 िे िेवार्नवृत्त ककया जाना उचित एवॊ न्यायिॊगत है? यदद नह ॊ तो
कममकार ककि राहत के ऩात्र हैं ?‖
2. On receiving order no. L-20012/202/2001-IR(C-I) dated 11.07.2001 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 170 of 2001 was registered on 09.08.2001 and
2730
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
thereafter the notices were sent to the parties with a direction to appear and submit their written statements along with
relevant documents and witnesses in support of their claims.
3. After receipt of the reference on 09.08.2001, this case record was put up after a long gap on 16.09.2021 and
registered notices were sent to both the parties but both the parties failed to appear before this Tribunal and notice of
the workman/union returned undelivered.
4. On perusal of the entire case record it transpires that both the parties never appeared before this Tribunal since
16.09.2021 which shows that both the parties have lost their interest in this case and therefore, for the ends of justice,
this case deserves to be dismissed for non prosecution.
5. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 562. —vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि -
] धनबाद-I
ds iapkV (
18/2020) dks
izdkf”kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 20012/2/2020-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 562.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 18/2020) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/2/2020- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 18/2020
Parties:
Employer in relation to the management of Katras Area-IV
of M/s. BCCL, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2731
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/2/2020 -IR(CM-I) dated 10/08/2020 has been pleased to refer the following dispute between the
employer i.e. management of Katras Area-IV of M/s BCCL, Dhanbad and their workman through President,
Rashtriya Mulnivasi Bahujan Karmachari Sangh, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the action of the management of Amalgamated Kesalpur West Modidih Colliery, Katras
Area No. IV of M/s Bharat Coking Coal Limited in imposing punishment vide letter no.
AKWM/PD/2013/Award/3252 dated 19/12/2013 to Sri Ratan Rawani, Wagon Loader, Personnel No.
03018454, against the provisions of Certified Standing Orders, is justified? If not, to what relief the
concerned workman is entitled to?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/2/2020 -IR(CM-I) dated 10/08/2020 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 18 of 2020 was registered on 01.09.2020 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
4. After receipt of the reference, neither the workman nor the management appeared before the Tribunal and on
10.12.2020 regd. notices were issued to both the parties but both the parties failed to appear. It further appears that
regd. notices were again issued to both the parties on 23.12.2021 but again both the parties failed to appear before this
Tribunal till 21.12.2023. Thereafter on 29.02.2024 Sri N.M. Kumar, Advocate for the management appeared after that
he remained present but workman/union failed to appear.
5. On perusal of the entire case record it transpires that the workman/union never appeared before this Tribunal since
the beginning which shows that he has lost his interest in this case and therefore, for the ends of justice, this case
deserves to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 563.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj ईसीएल ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
70/2004) dks
izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 20012/87/2004-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 563.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 70/2004) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
ECL. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/87/2004- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
2732
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 70/2004
Parties:
Employers in relation to the management of Mugma Area
of M/s. ECL, Mugma, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No. L-20012/87/2004 -IR(C-I) dated 02/07/2004 has been pleased to refer the following dispute between the
employer i.e. management of Mugma Area of M/s ECL, Dhanbad and their workman through Vice President, Janta
Shramik Sangh, Nirsa, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―Whether the demand of the Janta Shramik Sangh from the management of Nirsha Colliery under
Mugma Area of M/s ECL to regularise S/Sri Mishri Nonia and Ramjee Nonia as E.P. Helper is fair
and justified? If so, to what relief are the concerned workmen entitled and from what date?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/87/2004- IR(C-I) dated 02/07/2004 Government of India, Ministry of Labour, New
Delhi for adjudication of the dispute, Reference case no. 70 of 2004 was registered on 12.07.2004 and thereafter the
notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
4. After receipt of the reference on 12.07.2004, this case was put up after a long gap on 20.12.2021 and regd.
notices were issued to both the parties but workman/union failed to appear before this Tribunal and notice of the
union returned with endorsement ―Not Know‖. However Sri D.K. Verma, Advocate for the management appeared.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
beginning which shows that he has lost his interest in this case and therefore, for the ends of justice, this case deserves
to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 564.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj सीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2733
-
सि
-
] धनबाद-I ds iapkV (
177/2001) dks
izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल- 20012/137/2001-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 564.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 177/2001) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
CCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/137/2001- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 177/2001
Parties:
Employer in relation to the management of Kathara Washery
Of M/s. CCL, Bokaro
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri D.K. Verma, Ld. Advocate.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/137/2001-IR(C-I) dated 10/08/2001 has been pleased to refer the following dispute between the
employer i.e. management of Kathara Washery of M/s. CCL, Bokaro and their workman through Regional Secretary,
B.C.K.U., Kathara, Bokaro for adjudication by this Tribunal:
SCHEDULE
―Whether the action of the management of CCL, Kathra Washery in not accepting the demand as the
BCKU for appointment of Sh Shivdhan Manjhi as dependent son of workman Late Sadeo Manjhi is
just and fair? If not, to what relief is the said workman (dependent) entitled?‖
2. On receiving order no. L-20012/137/2001-IR(C-I) dated 10/08/2001 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 177 of 2001 was registered on 10.09.2001 and
thereafter the notices were sent to the parties with a direction to appear and submit their written statements along with
relevant documents and witnesses in support of their claims.
2734
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
3. After service of notice, both parties appeared previously and filed their authorities, W/S and subsequently
rejoinder. It further appears that after 2006 this case was put up after a long gap on 10.09.2021 and registered notices
were issued to both the parties and on 13/15.12.2021, Sri D.K. Verma, Ld. Advocate on behalf of the management
appeared but workman/union failed to appear and a regd. notice was again sent to the workman/union but he did not
appear before the Tribunal. However, Sri D.K. Verma, Ld. Advocate for the management appeared. It transpires from
the case record that workman/union failed to appear before the Tribunal since the year 2021 which shows that
workman/union has lost his interest in this case and therefore, this Tribunal is of the opinion that the case deserves to
be dismissed due to non prosecution.
4. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 565.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj सीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
44/2006) dks
izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल - 20012/157/2005-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 565.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 44/2006) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
CCL. and their workmen received by the Central Government on 10/03/2026
[No. L-20012/157/2025- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 44/2006
Parties:
Employers in relation to the management of Rajrapa Project
of M/s CCL, Rajrapa, Hazaribagh
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri D.K. Verma, Ld. Advocate.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2735
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/157/2005-IR(CM-I) dated 01/06/2006 has been pleased to refer the following dispute between the
employer i.e. management of Rajrapa Project of M/s CCL, Hazaribagh and their workman through Area Secretary,
Rashtriya Colliery Mazdoor Sangh, Rajrapa, Hazaribagh for adjudication by this Tribunal:
SCHEDULE
―Whether the demand of the union from the management of Rajrapa Project of M/s. CCL for grant of
increment of Cat.IV fitter Gr. W.e.f. 1.9.82 to Shri Aslam Khan as per the terms of employment and
restoration of his seniority from that date is legal and justified? If so, to what relief is the concerned
workman entitled?‖
2. On receiving order no. L-20012/157/2005-IR(CM-I) dated 01/06/2006 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 44 of 2006 was registered on 20.06.2006 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
3. After receipt of the reference on 20.06.2006, this case record was put up after a long gap on 20.12.2021 and
registered notices were sent to both the parties and Sri D.K. Verma, Ld. Advocate on behalf of the management
appeared on 07.03.2022 and thereafter he remained present before the Tribunal but the workman/union failed to
appear before this Tribunal.
4. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
2021 which shows that the workman/union has lost his interest in this case and therefore, for the ends of justice, this
case deserves to be dismissed for non prosecution.
5. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 566.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj इंजडयन आयरन एंड स्ट्टील कंृनी जमटेड ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa
fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I
ds iapkV
(
37/2003) dks izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -20012/539/2001-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 566.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 37/2003) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
Indian Iron & Steel Compny ltd. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/539/2021- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 37/2003
Parties:
Employer in relation to the management of Chasnalla Colliery of
M/s. Indian Iron & Steel Company Ltd. (IISO), Chasnalla, Dhanbad
AND
Their Workman
2736
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 06/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/539/2001 -IR(C-I) dated 30/04/2003 has been pleased to refer the following dispute between the
employer i.e. management of Chasnalla Colliery of M/s. IISO, Dhanbad and their workman through Contractors and
General Secretary, Chasnalla Mines Mazdoor Union, Chasnalla, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―क्या िॊघ (िािनाऱा माइन मजदूर यूर्नयन, िािनाऱा, धनबाद) की यह माॉग कक मैििम इॊडडयन आइरन एण्ड स्ट ऱ
कॊ.लऱ. की िािनाऱा र्दान में कायमरत ठेकेदारों द्वारा ऱगाए गए कममिाररयों को, एन. िी. डब्ल्यू. ए. के अनुरूऩ वेतन
एवॊ अन्य ऱाभ जैिे आकस्स्मक अवकाि, अस्जमत अवकाि, चिककत्िा छुट्ट , िॊवेतर्नक छुट्ट , भववष्ट्य र्नचध इत्यादद
ददया जाए, ववचध एवॊ न्याय की दृस्ष्ट्ट िे तकमिॊगत एवॊ उचित है? यदद हाॉ, तो िॊबॊचधत कममकार ककन ऱाभों को ऩाने के
हकदार हैं तथा ककि तार र् िे ?‖
LIST OF CONTRACTORS
3.
M/s. G.S. Atwal & Co. (GUA)
P.O. Chasnalla, Distt. Dhanbad.
20.
M/s. Dhanbad Enterpries
P.O. Chasnalla, Distt. Dhanbad.
4.
M/s. Mines Construction & Dev
P.O. Chasnalla, Distt. Dhanbad.
21.
M/s. Gupta Enterprises
P.O. Chasnalla, Distt. Dhanbad.
5.
M/s. V.R. Construction
P.O. Chasnalla, Distt. Dhanbad.
22.
M/s. Anil Construction
P.O. Chasnalla, Distt. Dhanbad.
6.
M/s. Shree Durga Industries
P.O. Chasnalla, Distt. Dhanbad.
23.
M/s. Ma Kali Enterprises
P.O. Chasnalla, Distt. Dhanbad.
7.
M/s. Maa Durga S.B.S.S.Ltd
P.O. Chasnalla, Distt. Dhanbad.
24.
M/s. Jagdeo Singh Contractor
P.O. Chasnalla, Distt. Dhanbad.
8.
M/s. Ram Krishna Enterprises
P.O. Chasnalla, Distt. Dhanbad.
25.
M/s. Dakhina Kali Enterprises
P.O. Chasnalla, Distt. Dhanbad.
9.
M/s. Sawnik Enterprises
P.O. Chasnalla, Distt. Dhanbad.
26.
M/s. Motinagar K.S.S.Ltd
P.O. Chasnalla, Distt. Dhanbad.
10.
M/s. S.S. Enterprises
P.O. Chasnalla, Distt. Dhanbad.
27.
M/s. G.C. Chakarborty
P.O. Chasnalla, Distt. Dhanbad.
11.
M/s. Reliable Enterprises
P.O. Chasnalla, Distt. Dhanbad.
28.
M/s. Hi-Tech Minining India
P.O. Chasnalla, Distt. Dhanbad.
12.
M/s. Mondal Enterprises & Co.
P.O. Chasnalla, Distt. Dhanbad.
29.
M/s. Sharwan Sakti Enterprise
P.O. Chasnalla, Distt. Dhanbad.
13.
M/s. Darpan Construction
P.O. Chasnalla, Distt. Dhanbad.
30.
M/s. Ma Bhawani Enterprises
P.O. Chasnalla, Distt. Dhanbad.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2737
14.
M/s. Ma Durga Enterprises
P.O. Chasnalla, Distt. Dhanbad.
31.
M/s. Anita Construction
P.O. Chasnalla, Distt. Dhanbad.
15.
M/s. G.S. Bal & Co.
P.O. Chasnalla, Distt. Dhanbad.
32.
M/s. Shambhu Construction
P.O. Chasnalla, Distt. Dhanbad.
16.
M/s. S.K. Enterprises
P.O. Chasnalla, Distt. Dhanbad.
33.
M/s. Jan Sakti Enterprises
P.O. Chasnalla, Distt. Dhanbad.
17.
M/s. Kumar Construction
P.O. Chasnalla, Distt. Dhanbad.
34.
M/s. Rainbow Enterprises
P.O. Chasnalla, Distt. Dhanbad.
18.
M/s. Awadh Bihari Construction
P.O. Chasnalla, Distt. Dhanbad.
35.
M/s. Pooja Enterprises
P.O. Chasnalla, Distt. Dhanbad.
19.
M/s. Adarsh Berojgar S.S. Ltd.
P.O. Chasnalla, Distt. Dhanbad.
36.
M/s. Kumar Construction
P.O. Chasnalla, Distt. Dhanbad.
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/539/2001 -IR(C-I) dated 30/04/2003 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 37 of 2003 was registered on 20.05.2003 and thereafter
the notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
4. After service of notice, both parties appeared previously. It further appears that after 2006 this case was put up
after a long gap on 17.09.2021 and registered notices were issued to both the parties but workman/union failed to
appear before this Tribunal. However Sri D.K. Verma, Advocate on behalf of the management appeared.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
December 2021 which shows that he has lost his interest in this case and therefore, for the ends of justice, this case
deserves to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 567.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdkas vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
27/2004) dks
izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -20012/261/2003-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 567.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 27/2004) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/261/2003- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
2738
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 27/2004
Parties:
Employer in relation to the management of P.B. Area
Of M/s. BCCL, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri Sonu Kumar, Dy. Manager (HR)
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 06/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No. L-20012/261/2003-IR(C-I) dated 12/03/2004 has been pleased to refer the following dispute between the
employer i.e. management of P.B. Area of M/s. BCCL, Dhanbad and their workman through Organizing Secretary,
Rashtriya Colliery Mazdoor Sangh, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―क्या राष्ट्र य कोलऱयर मजदूर िॊघ की भा. को. को. लऱ., ऩी. बी. क्षेत्र के प्रबॊधतॊत्र िे माॉग कक कममकार श्री
राम ऩास्िी को एन िी डब्ल्यू ए –VI के ऩैरा 2.11.0 के प्रावधानानुिार upgradation ददया जाए उचित
एवॊ न्यायिॊगत है? यदद हाॉ तो उक्त कममकार ककि राहत के ऩात्र हैं तथा ककि तार र् िे?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/61/2003-IR(C-I) dated 12/03/2004 Government of India, Ministry of Labour, New
Delhi for adjudication of the dispute, Reference case no. 27 of 2004 was registered on 19.04.2004 and thereafter the
notices were sent to the parties with a direction to appear and submit their written statements along with relevant
documents and witnesses in support of their claims.
4. After receipt of the reference on 19.04.2004, this case was put up after a long gap on 26.11.2021 and regd.
notices were issued to both the parties but neither the workman nor the management appeared before this Tribunal.
Thereafter on 11.01.2024 and 29.08.2025, Sri Ranjeet Kr. Jha, Legal Inspector appeared on behalf of the management
but workman/union failed to appear and notice was again issued to workman/union on 02.01.2026 but he again failed
to appear. Today Sri Sonu Kumar, Dy. Manager (HR) for the management appeared and submitted that workman has
not appeared since beginning in this case so case may be closed.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
beginning which shows that he has lost his interest in this case and therefore, for the ends of justice, this case deserves
to be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2739
नई ददल्ली, 23 माचव, 2026
का.आ. 568.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
223/2001) dks
izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -20012/359/2001-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 568.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 223/2001) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026.
[No. L-20012/359/2001- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 223/2001
Parties:
Employer in relation to the management of Pindra Colliery
of M/s. CCL, Hazaribagh
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- None.
For the workman :- None.
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/359/2001 -IR(C-I) dated 27/09/2001 has been pleased to refer the following dispute between the
employer i.e. management of Pindra Colliery of M/s. CCL, Hazaribagh and their workman through Regional
Secretary, Janta Mazdoor Sangh, Hazaribagh for adjudication by this Tribunal:
SCHEDULE
―Whether the action of the management of Pindra Colliery of M/s C.C.Ltd. in dismissing Shri Dinesh
Pratap Yadav from service is fair and justified? In not, to what relief is the workman entitled?‖
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment, Govt. of India for
disposal of pending cases.
3. On receiving order no. L-20012/359/2001 -IR(C-I) dated 27/09/2001 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 223 of 2001 was registered on 27.09.2001 and
thereafter the notices were sent to the parties with a direction to appear and submit their written statements along with
2740
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
relevant documents and witnesses in support of their claims.
4. After service of notice, both parties appeared previously and filed their authorities, W/S and subsequently
rejoinder. It further appears that after 2007 this case was put up after a long gap on 10.09.2021 and registered notices
were issued to both the parties but workman/union failed to appear before this Tribunal. However Sri D.K. Verma,
Ld. Advocate on behalf of the management appeared.
5. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
2021 which shows that he has lost his interest in this case and therefore, for the ends of justice, this case deserves to
be dismissed for non prosecution.
6. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 23 माचव, 2026
का.आ. 569.—vkS|ksfxd fookn vf/kfu;e] 1947 (1947 dk 14) dh /kkjk 17 ds vuqlj.k esa] dsUnzh;
ljdkj बीसीसीएल ds izca/kra= ds lac) fu;kstdksa vkSj muds deZdkjksa ds chp] vuqca/k esa fufnZ’V vkS|ksfxd fookn esa
-
सि
-
] धनबाद-I ds iapkV (
224/2001) dks
izdkf'kr djrh gS] tks dsUnzh; ljdkj dks 1
dks izkIr gqvk FkkA
[सं. एल -20012/307/2001-vkbZ- vkj- (lh.एम- I)]
जयदीृ यादव, उृ जनदेिक
New Delhi, the 23rd March, 2026
S.O. 569.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. No. 224/2001) of the Central Government Industrial Tribunal-
cum-Labour Court, Dhanbad-I as shown in the Annexure, in the industrial dispute between the Management of
BCCL. and their workmen received by the Central Government on 10/03/2026
[No. L-20012/307/2021- IR (CM-I)]
JAIDEEP YADAV, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1,DHANBAD
In the matter of reference U/S 10 (1) (d)& (2A) of I.D.Act. 1947.
Reference Case No. 224/2001
Parties:
Employers in relation to the management of Bastacolla Area
of M/s. BCCL, Jharia, Dhanbad
AND
Their Workman
Present: Shri Sachindra Kumar Pandey
Presiding Officer
Appearances:
For the Employers :- Sri Raju Kumar Mahto, Clerk Legal.
For the workman :- None.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2741
State : Jharkhand.
Industry:-Coal
Dated 05/02/2026
AWARD.
In exercise of powers conferred under clause (d) of sub-section (1) and sub –section (2A) of Section 10 of
the Industrial Disputes Act, 1947 (14 of 1947),Government Of India through the Ministry of Labour, vide its Order
No.L-20012/307/2001-IR(C-I) dated 27/09/2001 has been pleased to refer the following dispute between the
employer i.e. management of Bastacolla Area of M/s. BCCL, Dhanbad and their workman through Organization
Secretary, Rashtriya Colliery Mazdoor Sangh, Dhanbad for adjudication by this Tribunal:
SCHEDULE
―क्या मैििम भा. को. को. लऱ., के प्रबॊधन द्वारा कममकार श्री ककिुणदेव र्तवार , रामर, घनुडीह कोलऱयर ,
बस्ताकोऱा क्षेत्र को स्वीकृत आकस्स्मक अवकाि िे ऱौटने ऩर कायम में योगदान देने िे मना करना और उिे
िेवा िे बर्ामस्त करने की कायमवाह न्याय, ववचध एवॊ कानून की दृस्ष्ट्ट िे उचित एवॊ ठीक है? यदद ह ॊ, तो
कममकार ककि ऱाभ को ऩाने का हकदार है ?‖
2. On receiving order no. L-20012/307/2001-IR(C-I) dated 27/09/2001 Government of India, Ministry of Labour,
New Delhi for adjudication of the dispute, Reference case no. 224 of 2001 was registered on 01.11.2001 and
thereafter the notices were sent to the parties with a direction to appear and submit their written statements along with
relevant documents and witnesses in support of their claims.
3. After receipt of the reference on 01.11.2001, this case record was put up after a long gap on 17.09.2021 and
registered notices were sent to both the parties but neither the workman nor the management appeared before this
Tribunal and the notice of the union returned with endorsement ―Always Door Locked Addressee Left‖. Though on
31.10.2025, Sri Raju Kumar Mahto, Clerk Legal for the management appeared before the Tribunal but the
workman/union failed to appear before this Tribunal.
4. On perusal of the entire case record it transpires that workman/union never appeared before this Tribunal since
2021 which shows that the workman/union has lost his interest in this case and therefore, for the ends of justice, this
case deserves to be dismissed for non prosecution.
5. Hence,
ORDERED
that this case is hereby dismissed for non prosecution and a ―No Dispute Award‖ be drawn up in respect of the
above reference case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 570.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky;
ds iapkV (a79/2001) izdkf”kr djrh gSA
[सं. एल-12012/523/2000-vkbZ- vkj- (बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 1st April, 2026
S.O. 570.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 79/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/523/2000- IR (B-I)]
SALONI, Dy. Director
2742
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR
Presiding Officer
Dated the 11th day of March, 2026
INDUSTRIAL DISPUTE No. 79/2001
Between:
Sri S. Narasaiah,
S/o Sailu,
(V&P) Rimmanaguda,
Via Kodarandla(M),
Gajwel,
Medak Distt.502110
… Petitioner
And
The Asst. General Manager,
(Personnel & HRD Deptt.),
Local Head Office,
Bank SP street, Koti
Hyderabad-500095.
…..Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/523/2000-IR(B.I) dated 14.6.2001
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 requiring this forum to decide the question:
SCHEDULE
―Whether the action of the management of State Bank of India, Local Head Office, Hyderabad in
terminating the services of Sri S. Narasaiah, Temporary/Non-Messenger, SBI w.e.f. 31.3.1997 is justified?
If not, what relief the applicant is entitled?‖
After receipt of the reference, it was numbered as ID No. 79/2001 and notices were issued to both the Workman and
the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favour of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the
aggrieved Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble
High Court of Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ
petitions and set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases
by Central Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State
Bank of India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to
their termination and further directed to consider their cases for regularization as and when the substantive vacancy
arises. This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch
petitions was challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of
2014. The aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High
Court of Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal
was pleased to pass the order which is extracted as below:-
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2743
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal, the
proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than one. Firstly,
in such matters, claims have to be decided on individual basis, as different persons have different claims as to the
length of officiation or discharge of duties and functions; quality of engagement, drawings, accounting of the post for
each one of them, who have worked etc. AIl these issues will not be the same in all the cases. Therefore, each case
ought to have been directed to be decided by the Tribunal afresh on individual basis. The second and most important
aspect is the learned single Judge has in one go ordered re-employment of all the workmen. This is not a relief that
could have been granted without answering the individual issues; each issue relating to each case could not have
been decided by the writ Court within the format of its adjudication procedures and scope. The adjudicating body,
which has to do that activity, is the Industrial Tribunal. Therefore, we are of the view that while we would sustain the
order of the learned singe Judge insofar as it interfered and sets aside the award of the Tribunal, the further findings
and directions, issued through the impugned order have to go and the individual cases have to be sent back for
consideration of the Tribunal. Such further procedure before the Tribunal will have to be carried forward with the
materials already on record and also by affording an opportunity to the persons, who have claims as well as the
management to place their rival contentions and further material before the Tribunal. The learned counsel appearing
for the workmen are justified in pointing out that enormous delay has already happened and further action by the
Tribunal in this line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common award
dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an outer limit
of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014 and batch
cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in view of the
aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement
dated 20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that,
the Workman joined in the service of the management institution as Messenger from 1981 to 1995, and has rendered
unblemished service spreading over a period of about 14 years. The Respondent has terminated services of
Workman by oral orders with effect from 1.4.1997. Further, it is submitted that the management of Respondent
bank decided to give a chance to temporarily employed personnel ―found suitable for permanent appointment‖ by
wait- listing them by offering permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were
listed. That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have
completed 270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed
minimum of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate
temporary service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid upto December, 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May, 1989 was
held. A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to
be valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the
years 1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the
panel, eligible temporary employees who have been empanelled could not appear in the earlier interviews and have
been pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
2744
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st
settlement (Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd
settlement (Ex M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement
(Ex M6). In between there is minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all
these settlements which were extended by subsequent settlements thereby created reasonable expectations in the
list of the selected candidates arose with that it‘s a question of time their appointments or services would be
regularized in the services of the bank. The Workman was working with the bank on temporary basis was under
the bonafide hope that sooner his services will be regularized with the bank. He is thereby closed all his options
elsewhere. It is needless to point out that employing person to whom hope of employment in substantial terms was
made is a facet of Article 21 of the Constitution of India.
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P.. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The Hon‘ble High
Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on the basis of a
settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel was valid
upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2745
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attenders/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees where in they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without
jurisdiction and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of
Understanding dated 27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is
not published anywhere to brought to the notice of the Workman whose rights are being affected. It is submitted that
Management did not adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90
in the year 1995. The same was not followed in the year 1997 despite there being vacancies.The management
has followed the procedure of calling candidates through Employment exchange instead of giving chance to the
2746
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
empanelled candidates like the Workman here. It is pertinent to mention here that the Respondent Management sent
letters to the all similarly situated candidates like the Workman in the month of June, 1997, subsequent to the passing
of impugned termination orders. After knowing the facts that the candidates are litigating, the Management refused to
engage these candidates. It is once again reiterated that the panels are meant for absorption but not for termination. It
was the duty of the Management to engage the empanelled candidates like the Workman even in temporary vacancies
till they are absorbed permanently in regular vacancies. Hence, the action of the Respondent Management
terminating the services of the Workman by oral order dated 31.3.97 is unjust, illegal, violative of principles of
natural justice and hence, the Management be directed to reinstate and absorb the Workman and to grant all incidental
and consequential benefits.
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2747
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex.W1 to W11. Further, the Workman has filed photocopies of documents in support
of his claim which are discussed as under:-
Ex.W1 is the Marks Memo. Further Ex.W2 is the Caste Certificate. Ex.W3 is the Service Certificate. Ex.W4 is the
2748
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Call letter for interview. Ex.W5 is the Panel list. Ex.W6 is the service certificate. Ex. W7 is the Service Certificate.
Ex. W8 is the Service Certificate Ex. W9 is the Service Certificate. Ex. W10 is the letter to employment exchange by
Respondent Ex. W11 is the Circular letter.
21.
On the other hand, Respondent has examined witness MW1 Sri Aluru Rama Rao and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Messengerial Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 General Attendant Panel. Ex.M11 is the Judgment of
Hon‘ble High Court of A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme
Court of India in SLP No. 11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, ADB Anantapur branch in terminating the services of
Workman Sri S. Narasaiah, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
Findings:-
25.
Point No.I:-Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding
where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof
has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in the
aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued that
the Workman after going through the selection procedure has successfully been listed in the panel for appointment on
the permanent basis in the Respondent management and the empanelled list has to be valid till last person in the
empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and 31.3.97, has been
issued by Respondent management thereby the services of the Workman has been terminated and the said order is not
in consonance of the terms of the agreement entered into between the parties. Further, Workman submits that the
Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list which is illegal and
that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97 incorporated in the
aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2749
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been decided
by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide letter dated
25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial category
from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of settlements
entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by Respondent
Management is also direction to Branch Manager, State Bank of India not to make any temporary messengerial
category appointment with effect from 1.4.1997 and it has also been communicated to all concerned that the panels
of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997. Further, office
order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said office order has
been issued to this effect that, ―Consequent on absorption of temporary employees in permanent cadre, it has been
decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh..... 1990 II LLJ
510 AP para 414, Hon‘ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial Disputes
Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years. The settlement
was to be in force upto 30th June 1986 and the next settlement, incorporating practically the same terms, was again
entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act. There is no dispute that these
settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It can
only decide in the first appeal whether a termination by the management is valid or not and is within the parameters
of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide whether a settlement
entered into under Section 18(1) of the Industrial Disputes Act between the representatives of the Workmen and of the
Management, is vitiated by undue influence or misrepresentation or coercion on the part of the Management. The
Authority, namely, the Assistant Commissioner of Labour, was never intended by the A.P. Legislature to have
jurisdiction to go into the question of the validity of a settlement arrived at under Section 18 of the Industrial Disputes
Act by an Industrial Court. That Parliament has, in fact, constituted Industrial Courts under the Industrial Disputes
Act, with extensive powers cannot be disputed. What we mean to say is that the Authority under Section 41(1) of the
A.P. Act has no jurisdiction what-so-ever either to question or to decide about the validity of any such settlements. If
parties to a settlement have a grievance about the validity of a settlement, it is for them to agitate the matter before
the appropriate forum and they cannot ask an Authority constituted under Section 41(1) of the A.P. Shops and
Establishments Act, 1966 with limited jurisdiction, to go into any such question and, that too, incidentally while
deciding whether retirement as per the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or misrepresentation or
coercion on the part of the management. If the Workman feeling aggrieved by any terms of settlement/ agreement on
the aforementioned grounds then he can challenge of settlement before a competent authority under the Act, 1947.
But here in the instant matter it is not a case of Workman that aforementioned settlement has been entered into
between the parties on the ground of undue influence or misrepresentation or coercion. Therefore, Workman is barred
to raise any objection in respect of fixing the date of lapse of both panels on 31.3.1997 as agreed between both the
parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR 322,
Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a finding
at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other hand, we feel
that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner. The Tribunal is,
rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement was binding on the
company and the members of the 3rd Respondent union. Even so, the Tribunal devoted nearly half of its order in
scanning the evidence given by the company and Respondent No. 3 to find out whether the terms of the settlement had
been explained by the President of the union to the workmen or not and whether the workers voluntarily accepted the
settlement knowing all the "consequences". This to our mind is again an entirely wrong approach.
2750
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture. It is
not necessary that each individual worker should know the implications of the settlement since a recognised union,
which is expected to protect the legitimate interests of labour, enters into a settlement in the best interests of labour.
This would be the normal rule. We cannot altogether rule out exceptional cases where there may be allegations of
mala fides, fraud or even corruption or other induce- ments. Nothing of that kind has been suggested against the
President of the 3rd Respondent in this case. That being the position, prima facie, this is a settlement in the course of
collective bargaining and, therefore, is entitled to due weight and consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others bad.
Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the other
advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to be
accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before this Court
the 3rd Respondent representing admittedly the large majority of the workmen has stood by this settlement and that is
a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we cannot also be oblivious of the
fact that all workmen of the company have accepted the settlement. Besides, the period of settlement has since expired
and we are informed that the employer and the 3rd Respondent are negotiating another settlement with further
improvements. These factors, apart from what has been stated above, and the need for industrial peace and harmony
when a union backed by a large majority of workmen has accepted a settlement in the course of collective bargaining
have impelled us not to interfere with this settlement. That being the position, we unhold the settlement as fair and just
and order that the award of the Tribunal shall be substituted by the settlement dated October 18, 1973. The said
settlement shall be the substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the period
of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days'
average pay for every completed year of continuous service] or any part thereof in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified
by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2751
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,
including service which may be interrupted on account of sickness or authorized leave or an accident or a strike
which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or six
months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the date of
termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the reference of
decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim was
denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year
preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be
regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had
worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)
SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere
non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the
Workman had worked for 240 days as claimed."
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the Workman to
show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In
M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:
"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial
Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn
erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex
Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down the
principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for a fiction
to treat a Workman in continuous service for a period of one year despite the fact that he has not rendered
uninterrupted service for a period of one year but he has rendered period of 240 days during the period of 12
calendar service for months counting backwards and just preceding the relevant date being the date of retrenchment.
In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to determine first the relevant
date, ie the date of termination of service which is complained of as retrenchment. After that date is ascertained. move
backward to a period of 12 months just preceding the date of retrenchment and then ascertain whether within the
period of 12 months, the Workman has rendered service for a period of 240 days. If these three facts are affirmatively
answered in favor of the Workman pursuant to the deeming fiction enacted in clause (2)(a) it will have to be assumed
that the Workman is in continuous service for a period of one year and he will satisfy the eligibility qualification
enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who has
actually worked under the employer for not less than 240 days during a period of twelve months shall be deemed to
have been in continuous service for a period of one year whether or not he has in fact been in such continuous service
for a period of one year. It is enough that he has worked for 240 days in a period of 12 months, it is not necessary that
he should have been in the service of the employer for one whole year."
2752
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on principle
and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not in employment
for a period of 12 calendar months, but has rendered service for a period of 240 days within the period of 12
calendar months commencing and counting backwards from the relevant date, i.e. the date of retrenchment. If he has,
he would be deemed to be in continuous service for a period of one year for the purpose of section 25B and
Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of proof lies
upon the Workman to show that he has completed 240 days of the service with the Respondent just preceding from
the date of his termination. Further, in respect of the employment of calculating the 240 days service provision
contained under of Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“I was not sponsored by any employment exchange. I did not make any application pursuant to any employment
notification.”
“It is true that I did not complete 240 days service in any year in the Bank.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously in any 12
months of a calendar year just preceding from the date of his termination in the Respondent bank. Therefore,
Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240 days
continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of the
Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2753
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon‘ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India in
respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular to all of
its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from 1.6.1982 and
appoint only empanelled candidates. The regional office was to prepare a panel of eligible candidates, after calling
names from the local/district employment exchange, and split it up branch-wise. Following that new procedure yearly
panels were prepared thereafter. Names of the Respondents were for the first time included in the panel prepared for
the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the Bank had informed the Respondents that the panel
was valid for one year only and that inclusion of their names in the panel was not to confer on them any right to seek
permanent appointment in the service of the bank. Considering the object with which the panel was prepared and the
fact that it was an yearly panel expiring on 6.2.1988, we are of the opinion that the Respondents did not get any right,
because of inclusion of their names in the said panel, for permanent absorption in the service of the Bank. Whatever
conditional right they had came to an end with the expiry of the panel. The claim of the Respondents, as contained in
the writ petition was thus misconceived and therefore the learned single Judge and the Division Bench, when it first
decided the appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and conditions of the
5th Settlement the contention of the Workman that empanelled list should continue even after 31.3.1997 till the last
Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless in view of recital in
the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I regarding binding
nature of Settlements and terms and conditions enumerated therein, in view of the provision contained u/s.18(1) of the
I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view of terms of settlement
dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till last man absorbed has
no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“I had come to know through a friend who was working in the said branch that work was available and accordingly I
approached the Manager through him and he provided me the work…. Further, witness states, “My name was kept in
the panel of temporary Messengers. It is true that the Messengers vacancies were filled up on regular basis with the
temporary Messengers who were empaneled depending upon the no.of days service they had done…. Further witness
states, “ I am not having the details of who were given permanent absorption and who had worked less no. of days
then me..”
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in terms of
various settlements entered into between Staff Federation of State Bank of India and State Bank of India and it was
prepared on the basis of number of days of work put in by the temporary employees. Further, the Workman himself
admitted that some of the temporary employees whose names were included in the panel were given regular
appointment in the bank in order of their seniority in the panel and he is not having any document to show that any
person who worked for less number of days than the Workman was given appointment in the bank. Therefore, the
allegation of the Workman that the regular appointment has been made by the bank from the panel list in breach of
the terms of the settlement and violation of seniority of panel list is not proved by this evidence of WW1. Thus,
there is no evidence on record that bank has given the appointment to the temporary employees as well as daily
wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There is no
evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the seniority.
Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from panel list in
order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on 31.3.1997.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2755
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to order
regularisation, where such a direction would in the context of public employment offend the provisions contained
in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status of
permanency continues to exist in circumstances where the employer has indulged in an unfair labour practice by not
filling up permanent posts even though such posts are available and by continuing to employ workmen as temporary
or daily wage employees despite their performing the same work as regular workmen on lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years of
service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be open
to workmen who have been deprived of the same benefit at par with the workmen who have been regularised to make
a complaint before the Labour or Industrial Court, since the deprivation of the benefit would amount to a violation of
Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of the
ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them for years,
with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant matter the
Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer has
indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date of
judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by a
statute and statutory rules. No appointment can be made by a Local Authority without following the provisions of the
recruitment rules. Any appointment made in violation of the said rules as also the constitutional scheme of equality as
contained in Articles 14 and 16 of the Constitution of India would be a nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible, but by
reason thereof an employee cannot claim any right to be permanently absorbed in service or made permanent in
absence of any statute or statutory rules. Merely because an employee has completed 240 days of work in a year
preceding the date of retrenchment, the same would not mean that his services were liable to be regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for absorption merely
on the basis of number of day of work in the Respondent bank Branch is not acceptable. As regard plea of the
Workman that the Workman should have been given employment even after 31.3.1997 as temporary Workman, it is
the discretion of Respondent to engage the Workman depending upon availability of work and this Tribunal can not
direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme Court and
few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme Court have
held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Article
14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered discretion in public law:
A public authority possesses powers only to use them for public good. This impose the duty to act fairly and to adopt
a procedure which is `fairplay in action'. Due observance of this obligation as a part of good administration raises a
reasonable or legitimate expectation in every citizen to be treated fairly in his interaction with the State and its
instrumentalities, with this element forming a necessary component of the decision making process in all State
actions. To satisfy this requirement of non- arbitrariness in a State action, it is, therefore, necessary to consider and
give due weight to the reasonable or legitimate expectations of the persons likely lo be affected by the decision or else
that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona
fides of the decision in a given case. The decision so made would be exposed to challenge on the ground of
arbitrariness. Rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but
providers for control of its exercise by judicial review.”
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP No.193/1997,
therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it was a
permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services were not
liable to be terminated and he was to be regularised into service on permanent basis. Shastry award warrants that no
temporary appointment can be made to a permanent post. But the matter is now covered by two division bench
judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of 1982. The ratio decided in the
two judgements is to the effect that there cannot be any mandate to appoint employees on permanent basis when the
requirement was for appointment on temporary basis. But it is held in the said judgements that when a temporary
appointee is ousted from service and not for misconduct and, if again temporary appointment is to be made, then, the
case of such temporary appointee who was ousted, has got to be considered in accordance with Sec. 25-H of the
Act.”
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2757
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein Hon‘ble
Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities must
consider his case for regularization provided he is eligible and qualified according to the rules and his service record
is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to instant case
of Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it
was decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists
concurrently. A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another
settlement was entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies
arising up to December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so
prepared were to be considered against vacancies arising from January 1995 to December 1996, thereafter the said
panels lapse. MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including
part time attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-
messengerial positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled
before the empanelled list is allowed to lapse. Thus in both the cases empanelled list were lapsed on 1.4.1997.
Ex.M6 is the copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of
understanding was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned
will lapse on 31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the
statements giving the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non-
messenger panel, Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included
in the 1989 panel. As the existing vacancies at that time were exhausted and his turn did not come he could not be
given permanent employment in the bank as per the agreements. All the appointments were made strictly in
accordance with the settlements reached from time to time between SBI and SBI staff federation and as per seniority,
number of days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner
was not sponsored by any employment exchange he did not undergo the regular process of selection required for
appointment as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary
service in the bank. The petitioner and other temporary employees were terminated from service by the bank.
Further, MW1 states that the vacancies were filled up on regular basis with the temporary employees from the panels
and these panels were expired in terms of the settlements so reached and there were no vacancies to absorb such
employees. Thus, witness MW1 has proved the documents Ex.M1 to Ex.M12 and also contentions made in the
counter. However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such but their services were not utilized after the cut off date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontraverted, the claim of the Workman that he was entitled for
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No.IV:- In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
AWARD
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri S. Narasaiah, Ex. Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the Petitioner
is not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence, dismissed.
Reference is answered accordingly.
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 11th day of March, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri S. Narasaiah
MW1: Sri Aluru Rama Rao
Documents marked for the Petitioner
Ex.W1:
Photocopy of Marks Memo
Ex.W2:
Photocopy of Caste Certificate
Ex.W3:
Photocopy of Service Certificate
Ex.W4:
Photocopy of Call letter for interview
Ex.W5:
Photocopy of Panel list
Ex.W6:
Photocopy of service certificate
Ex.W7:
Photocopy of Service Certificate
Ex.W8:
Photocopy of Service Certificate
Ex.W9:
Photocopy of Service Certificate
Ex.W10:
Photocopy of letter to employment exchange by Respondent
Ex.W11:
Photocopy of Circular letter
Documents marked for the Respondent
Ex.M1:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.17.11.87
Ex.M2:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.16.7.88
Ex.M3:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.9.1.1991
Ex.M5:
Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
Ex.M7:
Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8:
Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9:
Photocopy of statement of 1989 Non-messenger panel
Ex.M10:
Photocopy of statement of 1992 panel
Ex.M11:
Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12:
Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 571.—औद्योजगक जववाद अजधजनयम (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय सरकार मेससव
आइजडया सेलुलर जलजमटेड, ृुणे, के प्रबंधतंत्र के संबद्ध जनयोजकों और श्री नवनाथ गुंडगल और 67 अन्य वकवमैन, ृुणे के
बीच अनुबंध में जनर्ददष्ट औद्योजगक न्यायाजधकरण, ृुणे,ृंचाट(संदभव सं्या: 20/2016) को जैसा दक अनुलग्नक में ददखाया
गया िै,प्रकाजित करती िै!
[सं. एल 42025/07/2026/56-आईआर (डीयू)]
सलोनी, उृ जनदेिक
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2759
New Delhi, the 1st April, 2026
S.O. 571.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Ref. IT No. 20/2016) of the Industrial Tribunal, Pune, as shown in the
Annexure, in the Industrial dispute between the employers in relation to M/s Idea Cellular Ltd., Pune and Shri.
Navnath Gundgal and 67 Other Workmen, Pune.
[No. L-42025/07/2026/56-IR (DU)]
SALONI, Dy. Director
ANNEXURE
IN THE INDUSTRIAL TRIBUNAL, AT PUNE
BEFORE SHRI. K.N. GAUTAM, PRESIDING OFFICER
Reference (IT) No. 20 of 2016
M/s Idea Cellular Ltd.,
Sharda Centre, 11/1, Erandwane,
Karve Road, Pune 411 004.
…
First Party
VERSUS
Shri. Navnath Gundgal and 67 Other Workmen,
Sai Darshan Apartment, Near Mahajan Hospital,
Chintamani Ganpati Chowk,
Walhekarwadi, Chinchwad,
Pune 411 033.
…
Second Party
CORAM
:-
SHRI. K.N. GAUTAM, PRESIDING OFFICER, INDUSTRIAL TRIBUNAL,
PUNE.
APPEARANCES
:-
Shri. A. V. Raut, Advocate for the First Party.
Smt. S. S. Khare, Advocate for the Second Party.
AWARD
(Dated : 03.05.2025)
This is a reference made by Government of India vide order dated 04.04.2016 under Section 10(1)(d) and
10(2A) of the Industrial Disputes Act, 1947 in respect of dispute that whether the demand of Shri. Navnath Gundgal
and 67 other workmen for regularizing their services by the First Party is legal and justified? and what relief the
workmen are entitled to?
Facts of the Second Party :
2.
The Second Party filed its statement of claim and contended that the First Party company engaged in the
work of mobile networking and other related services all over India. It is contended that for distribution and providing
these services the First Party has erected, owned or taken on rent thousands of towers which are commonly called as
mobile towers. For maintenance, repairs, installation and electric work on the tower, about 5,000/- workers are
employed by the First Party company through various contractors in Maharashtra. It is contended that at present about
103 workers are employed through Escort Services, Pune. It is contended that the work done by these workers is of
regular and perennial nature and they are doing said work from years together continuously without any break. It is
contended that out of these 103 workers, 67 have approached Regional Labour Commissioner for redressal of their
grievances regarding regularization of their services and for getting benefit of permanency. It is contended that
initially no appointment letter was given to the 103 workers employed through Escort Services. However,
subsequently the appointment letter was issued wherein, it is mentioned that they are appointed as Technicians in First
Party Company through Escort Services on contract basis. It is contended that all these workers were doing their day
to day work as per instructions, supervision and requirements of First Party company and they are reporting to First
Party company. According to the Second Party, Escort Services was a middleman agent signing pay slips of these
workers. The Second Party workmen contended that overtime wages were not paid as per law, weekly holidays and
yearly leaves were not given to them, safety equipments were not provided to them and no facilities were given to
them by the First Party company. It is contended that these workers are not given status of permanent workmen. In
such circumstances, these workers constrained to approach the Court seeking regularization in service.
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[PART II—SEC. 3(ii)]
Facts of the First Party :-
3.
The First Party company filed its written statement at Exh. C-3 and denied almost all the contentions raised
by the Second Party. It is contended that the First Party company is duly incorporated under the Indian Companies Act
and it is Pan India integrated GSM Operator offering 2G, 3G, and 4G services and has its own national long distance
and international long distance operations and internet service provider license. It is contended that the Second Party
workmen were employed by contractor viz. M/s Escort Services, who is not included as party to the reference by the
Second Party. It is contended that in fact Second Party workmen have filed Complaint (ULP) No. 152/2016 against
M/s. Escort Services which is pending. It is contended that First Party company is granted registration as an
establishment of principal employer by the Registration Officer under the Contract Labour (Regulation & Abolition)
Contract Rules, 1971 and Regional Labour Commissioner at Pune. It is contended that Central Government has not
issued any notification prohibiting employment of any contract labour and the Second Party workmen does not have
any right to claim regularization. It is contended that the First Party company has never employed Second Party
workmen at any time and hence, they are not workmen of the First Party company as defined in Section 2(s) of the
Industrial Disputes Act, 1947. It is contended that the Second Party workmen were employed by a contractor M/s
Escort Services and hence they cannot raise any demand against First Party company. It is contended that the First
Party company entered into contract with M/s Escort Services which is legal and enforceable by law. It is contended
that M/s Escort Services is carrying on its activity under the contract as a separate independent entrepreneur. It is
contended that the contract of the First Party company with M/s. Escort Services was expired on 20.04.2018 and since
21.04.2018, the First Party company has engaged another contractor namely Prism Services Property Solutions Pvt.
Ltd. in place of Escort Services. The said Prism Services Property Solutions Pvt. Ltd. has informed the First Party
company that it hired the services of 39 workmen of Escort Services as instructed by Regional Commissioner of
Labour (Central), Pune. It is contended that the First Party company does have privity of contract with M/s Escort
Services and the Second Party workmen are in fact employed by said M/s Escort Services, hence, the Second Party
workmen cannot raise any demands against the First Party company. It is contended that the Second Party workmen
are under direct control and supervision of the contractor M/s Escort Services. Lastly, it is contended that the
reference may be rejected.
4.
In view of the rival pleadings of both the parties, the following issues were framed by my learned
predecessor vide Exh. O-4. The said issues are reproduced herein below with my findings thereon for reasons to
follow :
ISSUES
FINDINGS
1)Whether the demand raised by the Second Party in the present
reference is justified?
No.
2)What Award?
As per final Order.
REASONS
As to Issue No. 1 :
5.
It is the contention of the Second Party workmen that they were employed by the First Party company
through Escort Services. The Second Party workmen further contended that they were doing work from years together
continuously and without break with First Party company, but not regularized in service.
6.
As against this, the First Party company contended that the Second Party workmen were the employees of
the contractor M/s Escort Services and they were never employed by it at any time as its workmen. The learned
counsel for the First Party company argued that M/s Escort Services was providing technical and other allied services
for maintenance and servicing of mobile towers and for said work the contractor M/s Escort Services deputed its
employees i.e. Second Party workmen at various tower locations from time to time depending upon the requirement
of the First Party company. According to him, as the Second Party workmen are not the employees of the First Party
company, the question of granting permanency or regularizing them in service by the First Party company does not
arise at all.
7.
It is not the pleading of the Second Party workmen that the contract between the First Party company and
M/s Escort Services i.e. contractor is sham, nominal or camouflage. In fact, the First Party company pleaded that it
was duly granted registration as an establishment of the principal employer by the Registration Officer under the
Contract Labour (Regulation and Abolition) Central Rules, 1971 by Regional Labour Commissioner (Central) at
Pune. The witness of the First Party company Mr. Swapnil Lavtawar serving as General Manager (Legal) in the First
Party company duly proved the certificate of registration issued by Government of India dated 13.10.2005 at
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2761
Exh. C-34 wherein, as per Clause 4, the First Party company can employ 401 and above contract labour on any date
through each contractor. Similarly, the contents of letter dated 22.07.2010 at Exh. C-35 issued to the First Party
company by the Regional Labour Commissioner, Pune clearly shows that registration certificate of the First Party
company under Contract Labour (Regulation and Abolition) Act, 1970 dated 13.10.2005 has been amended. Thus, the
aforesaid documentary evidence clearly shows that the First Party company was having license under Contract
Labour (Regulation and Abolition) Act, 1970 to engage workers through contractors. In fact, the witness of the
Second Party workmen Mr. Navnath Gudgal (Exh. U-57) has admitted in his evidence that the Regional Labour
Commissioner, Pune (Central Government) issued registration as principal employer to the First Party company and
licenses to the contractors.
8.
The learned counsel for the Second Party workmen relied upon certain authorities to prove her contention.
Firstly, she relied upon the case of Pimpri Chinchwad Municipal Corporation Vs. Ravi Arjun Jagte, 2024 DGLS
(Bom.) 3168, wherein the facts were that Mahapalika and Parivahan Kamgar Aghadi, Pimpri Chinchwad filed
Complaint (ULP) NO. 139/1999 before Industrial Court, Pune, on behalf of about 301 such persons, who were
allotted work of collection of garbage through push-carts by the Petitioner–PCMC. The union claimed that the said
persons actually employees of the Petitioner-PCMC and the entire arrangement was nothing but a camouflage
designed to avoid the responsibility arising under labour legislations. The arrangement of issuing contracts was thus
branded as sham and a declaration was sought in the complaint that 301 workers included in Annexure P2 of the
complaint be declared as direct workers of Petitioner-PCMC. In said cited case, the Hon‘ble Bombay High Court
observed that, “Considering the above position, I am of the view that it was not necessary for the respondents to seek
declaration about existence of employer-employee relationship on account of the fact that they were always treated as
employees by the Petitioner-PCMC for all practical purposes. As observed above, declaration of existence of
employer-employee relationship becomes necessary only where workers are employed through intermediate
contractor. Where there is no third person available in respect of arrangement between entity awarding so called
contract and the contractor concerned, there is no question of seeking any declaration of contract being sham and
bogus. This is because there was already a direct relationship between petitioner and respondents. It is petitioner who
was directly paying them the amounts for performance of work. It was petitioner who had power to terminate their so
called contracts. The directions to work in particular manner and at particular place was also issued by the
municipal official. Therefore, there was no arrangement which was required to be declared sham or bogus. In my
view, therefore, the usual principal of non-maintainability of complaint of unfair labour practice on account of
existence of dispute of employer-employee relationship would not be attracted in the facts and circumstances of the
present case.”
9.
However, in the present case, the Second Party workmen have clearly pleaded that they were employed
through Escort Services, Pune. It has already come on record that Escort Services was the contractor of the First Party
company. It appears that in view of the contract between M/s Escort Services and the First Party company, the Second
Party workmen employed by M/s Escort Services were working with the First Party company. The Second Party
workmen nowhere pleaded that such contract between Escort Services and the First Party company is sham and
bogus. Hence, the aforesaid authority on totally different facts is not helpful to the Second Party workmen to prove
their contention in the present case.
10.
The learned counsel for the Second Party workmen further relied upon the case of Management of Ashoka
Hotel Vs. Their Workmen & Anr. 2013 I CLR 79, wherein the Hon‘ble Delhi High Court held that, “The contract
workers can always seek a reference under Section 10 of the I.D. Act, with the contention that the so called contract
between the principal employer and the contractor is a sham and not genuine one and entered into as a camouflage.”
However, in the present case, as already discussed that the Second Party workmen nowhere pleaded that the contract
between the First Party company and Escort Services though which the Second Party workmen were employed was
sham and not genuine but camouflage.
11.
As against this, the learned counsel for the First Party company relied upon certain case laws. Firstly, he
relied upon the case of Vegoils Pvt. Ltd. Vs. The Workmen, 1971 II LLJ 567, wherein it is held by the Hon‘ble
Apex Court that, “Section 10 of the Contract Labour (Regulation & Abolition) Act, 1970 dealing with prohibiting
employment of contract labour gives power to the appropriate Government to prohibit employment of contract
labour in any process operation or other work in any establishment. The appropriate Government when taking action
under Section 10 will have an overall picture of the industries carrying on similar activities and decide whether
contract labour is to be abolished in respect of any of the activities of that industry. The jurisdiction to decide about
the abolition of contract labour or to put it differently to prohibit the employment of contract labour is now to be done
in accordance with Section 10.”
It means that if the Second Party workmen wants to abolish the contract labour
system in First Party company, then they required to approach the appropriate Government as per Section 10 of the
Contract Labour (Regulation & Abolition) Act, which is not done in the present case.
12.
Secondly, the learned counsel for the First Party company relied upon the case of International Airport
Authority of India Vs. International Air Cargo Workers‘ Union & Anr., (2009) 13 SCC 374, wherein the Hon‘ble
Supreme Court held that, ―Where there is no abolition of contract labour under Section 10 of the CLRA Act, but the
contract labour contends that the contract between the principal employer and the contractor is a sham and nominal,
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
the remedy is purely under the I.D. Act. The principles laid down in Gujarat Electricity Board case, (1995) 5 SCC 27
continue to govern the issue. The remedy of workmen is to approach the industrial adjudicator. Industrial adjudicator
can grant relief sought if it finds that contract between principal employer and contractor is sham, nominal and
merely a camouflage to deny employment benefits to the employees and that there is, in fact, a direct employment by
applying tests like: who pays salary; who has power to remove/dismiss from service or initiate disciplinary action;
who can tell the employees the way in which work should be done, in short, who has direction and control over
employee. But where there is no notification under Section 10 of CLRA Act and where it is not proved in the
industrial adjudication that contract was a sham/nominal and camouflage, then the question of directing principal
employer to absorb or regularize the services of contract labour does not arise.”
13.
Thirdly, the learned counsel for the First Party company relied upon the case of Steel Authority of India
Ltd. & Ors. Vs. National Union Water Front Workers & Ors, AIR 2001 SC 3527 wherein, the Hon‘ble Apex
Court observed that, “On issuance of prohibition notification under Section 10(1)of the CLRA Act prohibiting
employment of contract labour or otherwise, in an industrial dispute brought before it by any contract labour in
regard to conditions of service, the industrial adjudicator will have to consider the question whether the contractor
has been interposed either on the ground of having undertaken to produce any given result for the establishment or
for supply of contract labour for work of the establishment under a genuine contract or is a mere ruse/camouflage to
evade compliance of various beneficial legislations so as to deprive the workers of the benefit thereunder. If the
contract is found to be not genuine but a mere camouflage, the so-called contract labour will have to be treated as
employees of the principal employer who shall be directed to regularise the services of the contract labour in the
concerned establishment subject to the conditions as may be specified by it for that purpose in the light of para 6
hereunder.”
14.
In the present case, it is nowhere brought on record that prohibition notification under Section 10 of Contract
Labour (Regulation & Abolition) Act, prohibiting employment of contract labours in First Party company was issued.
The Second Party workmen nowhere brought on record by way of documentary evidence or even otherwise that the
appropriate Government by issuing notification under Section 10 of Contract Labour (Regulation & Abolition) Act,
prohibited contract labour in the First Party company. In fact, the witness of the Second Party workmen Mr. Navnath
Gudgal (Exh. U-57) has admitted in his evidence that the Regional Labour Commissioner, Pune (Central
Government) issued registration as principal employer to the First Party company and licenses to the contractors.
Similarly, the witnesses of the Second Party workmen Mr. Sudhir Joshi (Exh. U-8) and Mr. Pradeep Kondhalkar
(Exh. U-9) have admitted in their evidence that Escort Services was working as contractor with the First Party
company. The witnesses of the Second Party workmen nowhere deposed that they have made complaint or given any
letter to the appropriate Government for abolishment of contract labour system in First Party company. So, it appears
that contract labour system was in existence in the First Party company as per law and the workers/labours of
contractors were working in the First Party company.
15.
There is no provision under Section 10 of the Contract Labour (Regulation & Abolition) Act that
workmen/employees employed by the contractor automatically became employer of the principal employer and shall
be entitled for automatic regularization in service. So, the Second Party workmen as workers of the contractor i.e.
Escort Services are not entitled to claim any regularization in service in the company of the First Party.
16.
In the present reference, in order to decide whether the Second Party workmen were the employees of the
First Party company or the employees of the contractor i.e. Escort Services, it is necessary to test the facts of present
reference in context of six tests laid down in the Judgment of Hon‘ble Apex Court in the case of Balwant Rai Saluja
Vs. Air India Ltd., (2014) 9 SCC 407.
17.
The first test is who appointed the workers : The Second Party workmen has specifically pleaded in their
pleading i.e. statement of claim that 103 technicians (which includes the Second Party workmen) were employed
through Escort Services, Pune. It is also pleaded by the Second Party workmen that in the appointment letter issued to
them, it is mentioned that they were appointed as technician in First Party company through Escort Services on
contract basis. In fact, the witness of the Second Party workmen Mr. Sudhir Joshi (Exh. U-8) has admitted in his
evidence that appointment letter at Exh. U-39 was given to him by Escort Services. He has also admitted that Identity
Card at Exh. U-38 also bears name of Escort Services. He has specifically admitted that he was working with Escort
Services upto year 2018. According to the evidence of said witness, the Escort Services was working as contractor
with First Party company and there were 110 employees in Escort Services and all of them were given appointment
order by the Escort Services. He has also deposed that after his termination, he made complaint against Escort
Services. Similarly, another witness of the Second Party workmen-Mr. Pradeep Kondhalkar (Exh. U-9) has also
admitted the same facts in his evidence. He has admitted that appointment letter at Exh. U-29 was given to him by
Escort Services. He has also admitted that Identity Card at Exh. U-30 bears the name of Escort Services. He has
specifically admitted in his evidence that he was working with Escort Services upto the year 2018 and after his
termination, he made complaint against Escort Services. According to said witness, the Escort Services was working
as contractor with First Party company. He has also deposed that there were 110 employees in Escort Services and all
of them were given appointment order by Escort Services. At the same time, one more witness of the Second Party
workmen Mr. Vithal Kondhalkar (Exh. U-15), who duly proved his appointment letter at Exh. U-50 issued by the
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2763
Escort Services has admitted in his evidence that he has not raised written objection regarding issue of appointment
letter by the Escort Services. He has also admitted that his Identity Card at Exh. U-52 proved by him bears names of
Escort Services. He has further admitted that the Escort Services was providing workers to the First Party company
for infrastructure maintenance and telecom maintenance. The Second Party workmen examined one more witness
namely Mr. Navnath Gudgal (Exh. U-57), who has admitted in his evidence that on his Identity Card at Exh.U-59, the
name of Escort Services is mentioned. The witness namely Mr. Sudhir Joshi (Exh. U-8) and Mr. Pradeep Kondhalkar
(Exh. U-9) have admitted in their evidence that Mr. Navnath Gudgal (Exh. U-57) was working with them and after his
transfer, he filed complaint. In fact, Mr. Vithal Kondhalkar (Exh. U-15) has specifically admitted in his evidence that
Mr. Navnath Gudgal (Exh. U-57) has filed Complaint (ULP) No. 152/2016 against Escort Services as he was
transferred by Escort Services. All these admissions by the witnesses of the Second Party workmen clearly shows that
the contractor Escort Services has appointed the Second Party workmen and issued Identity Cards to them. In fact,
when Mr. Navnath Gudgal (Exh. U-57) was transferred, he filed complaint case against the contractor Escort Services
and not against the First Party company. It means that he was considering himself as employee appointed by the
contractor i.e. Escort Services. There is absolutely no documentary evidence such as appointment order issued by the
First Party company brought on record to prove that Second Party workmen were appointed by the First Party
company. The other workmen contesting the reference have not entered into the witness box and there is nothing on
record in form of documentary evidence to show that they were appointed by the First Party company and they are not
the employees of the contractor i.e. Escort Services. Thus, there is nothing on record to show that the Second Party
workmen are the employees of the First Party company.
18.
The witnesses of the Second Party workmen have proved certain documents which includes Identity Card at
Exh. U-31 issued to Mr. Pradeep Kondhalkar (Exh. U-9), letter dated 25.03.2016 at Exh. U-33 issued to Marigold
Society by the First Party company, copy of mobile bill dated 06.11.2016 at Exh. U-40 in the name of Sudhir Joshi
(Exh. U-8), mobile bill dated 06.10.2016 at Exh. U-61 issued by the First Party company to Mr. Navnath Gudgal
(Exh. U-57), letter dated 01.04.2003 issued by First Party company containing name of Mr. Navnath Gudgal (Exh. U-
57), letter dated 17.04.2006 at Exh. U-63 issued by First Party company containing name of Mr. Navnath Gudgal
(Exh. U-57) and letter dated 10.06.2015 at Exh. U-65 issued by the First Party company containing name of Mr.
Navnath Gudgal (Exh. U-57). However, said documents itself not proves that the Second Party workmen are the
employees appointed by the First Party company. Similarly, contents of the letters issued by the First Party company
bearing name of Mr. Navnath Gudgal (Exh. U-57) merely shows that he was working in the First Party company.
Those letter nowhere shows that Mr. Navnath Gudgal (Exh. U-57) was appointed by the First Party company. In fact,
in letter dated 17.04.2006 at Exh. U-63, it is clearly mentioned that Mr. Navnath Gudgal (Exh. U-57) was working
with the First Party company on contract basis. Hence, merely from aforesaid documents, it cannot be said that the
Second Party workmen were appointed by the First Party company.
19.
The second test is who pays the salary/remuneration : There is nothing on record to show that the First Party
company has paid salary/wages to the Second Party workmen. In fact, the witness of the Second Party workmen Mr.
Sudhir Joshi (Exh. U-8) has admitted in his evidence that his pay slips at Exh. U-41 were issued by Escort Services.
He has also admitted that Escort Services was paying his ESI contribution and Provident Fund. Similarly, Mr. Pradeep
Kondhalkar (Exh. U-9) the witness of the Second Party workmen has admitted in his evidence that his pay slips at
Exh. U-34 were issued by Escort Services. He has also admitted that Escort Services was paying his ESI contribution
and Provident Fund. Both these witnesses have specifically admitted in their evidence that there were 110 employees
in Escort Services and salary of all said employees used to get deposit in their bank account like them and those
employees were also getting ESI contribution and Provident Fund like them. At the same time, Mr. Vithal Kondhalkar
(Exh. U-15) another witness of the Second Party workmen has admitted in his evidence that Escort Services was
paying salary to him and the workmen working with him through HDFC Bank. Even Mr. Navnath Gudgal (Exh. U-
57), the main witness of the Second Party workmen has admitted in his evidence that Escort Services was providing
pay slips to him and other workmen. He has specifically admitted in his evidence that he got salary from Escort
Services. Thus, the evidence of the witnesses of the Second Party workmen clearly shows that they as well as other
Second Party workmen were receiving salary from the contractor i.e. Escort Services.
20.
It is, therefore, clear from the aforesaid discussion, and more particularly from the admissions given by the
witnesses of the Second Party workmen that the contractor Escort Services was paying salary to the Second Party
workmen. There is absolutely no evidence on record to show that the First Party company has paid salary to the
Second Party workmen.
21.
The third and fourth tests are as to who has authority to dismiss and who can take disciplinary action : The
witness of the Second Party workmen nowhere deposed that the First Party company has terminated any of the
Second Party workmen or taken any disciplinary action against them. The witnesses of the Second Party workmen
Mr. Sudhir Joshi (Exh. U-8) and Mr. Pradip Kondhalkar (Exh. U-9) have admitted in their evidence that they have
signed Memorandum of Settlement dated 30.05.2015. The contents of Memorandum of Settlement dated 30.05.2015
clearly shows that it was executed between Escort Services and employees representing Second Party workmen,
which includes Vithal Kondhalkar (Exh. U-9). In said document there were terms and conditions regarding
maintaining discipline during employment. Similarly, said witnesses have admitted that after termination, they have
made complaint against Escort Services, which shows that the contractor Escort Services having authority to
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
terminate/dismiss the Second Party workmen. Similarly, when Mr. Navnath Gudgal (Exh. U-57) was transferred, he
filed Complaint (ULP) No. 152/2016 against Escort Services as per the evidence of Mr. Vithal Kondhalkar (Exh. U-
15), which again shows that Escort Services was taking action against the Second Party workmen and transferring
them. At the same time, Mr. Navnath Gudgal (Exh. U-57) has admitted in his evidence that Reference (IT) No. 2/2015
was filed in respect of demands made with Escort Services. It shows that Second Party workmen treating the Escort
Services as their employer and making demands to it. It is, therefore, clear that the contractor Escort Services having
power of termination/dismissal and to take disciplinary action against the Second Party workmen. Thus, the Second
Party workmen failed to prove third and fourth tests to show that the First Party company is their employer and they
are not the employees of the contractor i.e. Escort Services.
22.
The fifth test is whether there is continuity of service: Now it is duly proved on record that the Second Party
workmen were appointed by the contractor Escort Services and they are not the employees of the First Party company.
There is nothing on record to show that they were given continuity in service by the First Party company at any point
of time. Therefore, even the fifth test is not satisfied by the Second Party workmen.
23.
The sixth test is the extent of control and supervision : In this regard, the learned counsel for the Second
Party workmen argued that the witness of the First Party company Mr. Swapnil Lavtawar (Exh. C-24) has admitted in
his evidence that the First Party company was giving entry pass to the workers of the contractor for entering into work
sites, which shows that the First Party company having control and supervision over Second Party workmen.
However, mere issue of entry pass does not itself mean that the First Party company having control and supervision
over the Second Party workmen. In fact, during cross examination of said witness, the Second Party workmen
brought on record that the First Party company has got done its work through contractors. Similarly, the witnesses of
the Second Party workmen Mr. Sudhir Joshi (Exh. U-8) and Mr. Pradeep Kondhalkar (Exh. U-9) have admitted in
their evidence that they were receiving instructions of the work to be done on mobile phone provided to them. It
means that the Officers and Supervisors of the First Party company were not directly giving any instructions or
directions to the Second Party workmen at site, but they were receiving instructions on mobile phone. It shows that
the First Party company has no control and supervision over Second Party workmen. In fact there is absolutely no
evidence on record to show that any memo of warning, doing less work, disorderly behavior etc. was given by the
First Party company to the Second Party workmen. Even there is no material on record that the First Party company
was transferring the Second Party workmen from one department to another department or from its one site to another
one. Thus, the Second Party workmen failed to satisfy the sixth test of direct control and supervision over workmen
by the First Party company.
24.
In order to prove its case, the learned counsel for the Second Party workmen relied upon certain case laws,
firstly she relied upon the case of Hari Nandan Prasad & Anr. Vs. Employer I/R to Management of FCI & Anr.,
2014 I CLR 919, wherein the Hon‘ble Apex Court observed that, “On harmonious reading of the two judgments
discussed in detail above, we are of the opinion that when there are posts available, in the absence of any unfair
labour practice the Labour Court would not give direction for regularization only because a worker has continued as
daily wage worker/adhoc/temporary worker for number of years. Further, if there are no posts available, such a
direction for regularization would be impermissible. In the aforesaid circumstances giving of direction to regularize
such a person, only on the basis of number of years put in by such a worker as daily wager etc. may amount to
backdoor entry into the service which is an anathema to Art. 14 of the Constitution. Further, such a direction would
not be given when the concerned worker does not meet the eligibility requirement of the post in question as per the
Recruitment Rules. However, wherever it is found that similarly situated workmen are regularized by the employer
itself under some scheme or otherwise and the workmen in question who have approached Industrial/Labour Court
are at par with them, direction of regularization in such cases may be legally justified, otherwise, non-regularization
of the left over workers itself would amount to invidious discrimination qua them in such cases and would be violative
of Art. 14 of the Constitution. Thus, the Industrial adjudicator would be achieving the equality by upholding Art. 14,
rather than violating this constitutional provision.”
25.
However, in the present case as already discussed that the Second Party workmen are not the employees of
the First Party company, hence they cannot claim regularization in service with First Party company. Therefore, the
aforesaid authority having totally different facts and the circumstances existing in said cited case are not existing in
the present case, therefore, the said authority is not at all helpful to the Second Party workmen to prove its
contention.
26.
Secondly, the learned counsel for the Second Party workmen relied upon the case of Vinod Kumar & Ors.
Vs. Union of India & Ors., 2024 Live Law (SC) 330. In said case the facts were that pursuant to a notification
dated 21.02.1991, the appellants were initially appointed to ex-cadre posts of Accounts Clerks after a selection
process involving written tests and viva voce interviews. After the rejection of their representation for regularization
to the Divisional Railway Manager in 1999, the appellants approached the Central Administrative Tribunal by way of
original applications. The Tribunal vide order dated 21.11.2001 dismissed the applications of the appellants,
concluding that their appointments were temporary and for a specific scheme, thus not entitling them to regularization
or absorption into permanent posts. Thereafter, the appellants approached the High Court and the High Court upheld
the order of the Tribunal and dismissed their Writ Petitions observing that the appellants' employment under a
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2765
temporary scheme could not confer upon them the rights akin to those held by permanent employees. The Hon‘ble
Apex Court held that, “The continuous service of the appellants in the capacities of regular employees, performing
duties indistinguishable from those in permanent posts, and their selection through a process that mirrors that of
regular recruitment, constitute a substantive departure from the temporary and scheme-specific nature of their initial
engagement. Moreover, the appellants' promotion process was conducted and overseen by a Departmental
Promotional Committee and their sustained service for more than 25 years without any indication of the temporary
nature of their roles being reaffirmed or the duration of such temporary engagement being specified, merits a
reconsideration of their employment status. The Judgment of High Court is set aside and the appellants are entitled
to be considered for regularization in their respective posts.”
27.
However, the present case is not the case of temporary employees, but in the present reference the workers of
the contractors seeking regularization in First Party company of which they are not employees as discussed above and
proved. Hence, said authority on different facts is not helpful the Second Party workmen to prove their contention in
present case.
28.
It is, therefore, apparent from the aforesaid discussion that the Second Party workmen failed to meet any of
six tests specified by Hon‘ble Apex Court in its Judgment in Balwant Rai Saluja (Supra). Thus, the employer-
employee relationship not exists between the contesting members of Second Party workmen and the First Party
company as revealed from the evidence brought on record. It is duly proved that the workers represented by the
Second Party workmen were appointed by the contractor Escort Services and also paid by said contractor. The Second
Party workmen thus failed to prove that the contract between the First Party company and the contractor Escort
Services was sham and bogus. It is, therefore, apparent from the aforesaid discussion and evidence brought on record
that the Second Party workmen are not employed by the First Party company. Hence, the Second Party workmen are
not entitled for any relief, particularly the relief of regularization in service claimed against the First Party company. I,
therefore, answered Issue No. 1 in the negative.
29.
In the result, I pass following order :
ORDER
1.
The reference is hereby rejected.
2.
No order as to the costs.
3.
The copy of Award be sent to the appropriate Government
for its publication.
Place : Pune
Date : 03.05.2025
K.N. GAUTAM, Presiding Officer
Industrial Tribunal, Pune
Sd/-
Secretary
Industrial Tribunal, Pune
nsp/direct dictation
Argued on
16.04.2025
Order directly dictated on
03.05.2025
Order checked & signed on
03.05.2025
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 572.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
प्रिासजनक कमांडर मु्यालय (नागररक रक्षा), ृंचकुला ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k
esa fufnZ’V औद्योजगक fookn esa dsUnzh; ljdkj औद्योजगक vf/kdj.k@Je U;k;ky; चंडीगढ़-I ds iapkV (71/2024)
izdkf”kr djrh gSA
[सं. एल-12025/01/2026-आईआर (बी-I)-78]
सलोनी, उृ जनदेिक
2766
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
New Delhi, the 1st April, 2026
S.O. 572.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.71/2024) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Chandigarh-I as shown in the Annexure, in the industrial dispute between the management of Admn. Commander
Head Quarter ( Civil Defence), Panchkula and their workmen.
[No. L-12025/01/2026- IR (B-I)-78]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I,
CHANDIGARH
(Present:- Mr. Kamal Kant, PO-cum-Link Officer).
ID No.71/2024
Registered on:-16.10.2019
Goverdhan S/o Sh. Sukh Ram, R/o 42 Dhaluwal Chandi Mandir Cantt., Panchkula.
-------- Workman
Versus
1. Admn. Commander Station Head Quarter (Civil Defence), Chandi Mandir Cantt. Panchkula, Haryana.
2. M/s A.A. Foundation For safety, Head Office-5919, DLF City, Face-4, Gurugaon-122022.
----Respondents
Present:-
Sh. Jang Bahadur, AR for workman.
Sh. Satinder Singh, AR for respondent no.1.
Respondent no.2 already ex parte.
Award :10.03.2026
1.
Workman has filed the present claim petition under Section 2A of the Industrial Disputes Act, 1947
(hereinafter called the Act) against his termination w.e.f. 27.10.2018 claiming reinstatement into service along with
continuity of service and full back wages.
2.
It is maintained by the workman in the claim petition that that he was appointed as sweeper/safai karamchari
on 17.08.2017 by respondent no.1 at minimum wages prescribed by the Central Government. But the said minimum
wages were never paid to him. Management has unlawfully deducted 12% EPF share, 1.75% ESI and Rs.300/- as
TDS from hissalary despite of the fact that his total wages comes under the ambit of taxfree limit. He was working
under respondent no.1 directly, but respondent no.1 in order to avoid its liability always shows his employment in
record under different contractors, which tantamount to unfair labour practice.
3.
It is further maintained that workman including 200 other safai karamcharis of respondent no.1 raised the
demand for non-deduction of TDS from the wages paid by respondent no.1. However, their demand was not accepted.
Other workers working under respondent no.1 formed union and subsequently his services were dispensed with w.e.f.
27.10.2018. It is also maintained that respondent no.1 retained juniors in service and also made fresh appointments
after termination of his services and no compensation was paid under Section 25F of the Act. Thus, there is violation
of Section 25F, 25G and 25H of the Act. Hence this petition.
4.
Notice of the petition was given to respondents.
5.
Respondent no.1 filed reply to the claim petition maintaining therein that the workman has not come to the
Court with clean hands as he was appointed as sweeper by respondent no.2 (contractor) at minimum wage rate as
prescribed by the Central Government. As per Government Policy dated 18.03.2011 (Ex.R-1), Non-Cantonment
Military Stations have been authorized to outsource conservancy safaiwala. The answering respondent entered into
contract with various private agencies for outsourcing of sweepers (safai karamcharis). In July 2018, the answering
respondent entered into contract with M/s AA Foundation for safety and M/s Sunrise Facilitator Pvt. Ltd. through e-
tendering for outsourcing of safai karamcharis to provide conservancy services in ChandiMandir Military Station for
the financial year 2018-19. Respondent no.2 submits bill for payment for the days the safai karamcharis performed
their duties and answering respondent is only responsible to forward these bills to PCDA Western Command
Chandigarh to release payment directly to the contractor‘s account. Salary is paid to the workman by the contractor.
Compliance of PF, ESI Rules etc. is carried out by the contractor as per contract agreement. Answering respondent
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2767
has no responsibility of disbursement of wages and deduction of EPF and ESI etc. The workman and other safai
karamcharis formed union in the headquarter, which is not permitted and also carried out demonstration inside the
premises of Station Headquarter on 27.10.2018 and failed to perform his duties. Thereafter, answering respondent
asked respondent no.2 to ask the workers to perform their duties. Answering respondent has no role or responsibility
for termination services of the workman. There is no relationship of employer and employee between the answering
respondent and the workman. In view of Army Headquarter Letter, the civilian employees of the answering
respondent cannot organize themselves into trade unions as station headquarter is an administrative office of the
Government of India. In spite of that, workman along with other safai karamcharis formed union unauthorizedly and
indulge in unlawful activities. It is maintained that workman is the employee of contractor and therefore, termination
is the prerogative of the contractor. It is prayed that the claim be dismissed.
6.
It is pertinent to mention here that respondent no.2 was proceeded ex parte on 07.05.2024.
Evidence of workman:-
7.
In order to prove his case, workman examined himself as WW1 and tendered into evidence his affidavit
WW1/A and has been cross examined by the AR for respondent no.1. AR for workman closed the evidence on
08.10.2024.
Evidence of respondent no.1:-
8.
Respondent no.1 examined Colonel K P Singh S/o Late Colonel P. P. Singh, OIC, Civic Cell, Station Head
Quarter, Chandi Mandir Panchkula as MW1, who tendered into evidence his affidavit Ex.MW1/A along with
documents Ex.R1 to Ex.R4. AR for respondent no.1 closed the evidence on 29.01.2026.
Sr. No.
Document
Dated
Exhibit
1.
Policy
18.03.2011
Ex.R-1
2.
Agreement with respondent no.2
05.07.2018
Ex.R-2
3.
Copy of ECR of EPFO
Ex.R-3
4.
Letter of Head Quarter
22.04.1980
Ex.R-4
Submissions of workman:-
9.
While arguing the case, AR for workman contended that in this case, workman was appointed by respondent
no.1 under a camouflage agreement with respondent no.2. The workman was appointed directly by respondent no.1
on 17.08.2017 as sweeper and his services were dispensed with on 27.10.2018 without any reason in violation of
Section 25F, 25G and 25H of the Act as no compensation was paid to the workman and junior to him were retained in
service and fresh appointment were made after termination of the workman. So far as the agreements between the
respondent no.1 & 2 are concerned, they are totally not tenable and is unfair labour practice. The work performed by
the workman is of perennial in nature. The contractor was not having any license. The contractor has left after three
months. No domestic inquiry was held before terminating the service of the workman, which is mandatory under the
Act.
Submissions of respondent no.1:-
10.
On the other hand, AR for respondent no.1 contended that the workman was engaged by respondent no.2
(contractor) as per agreement executed between respondent no.1 & 2 on outsource basis and there is no relationship of
employer and employee between respondent no.1 and the workman. Wages were paid by the respondent no.2 to the
workman and there was no role of respondent no.1 in appointing or terminating the services of the workman.
Workman is employee of respondent no.2. If there is any violation of provision of the Act, then it is done by
respondent no.2. As per Ex.R3, all dues were paid by the contractor with regard to EPF and ESI etc. The workman
and other safai karamcharis formed union in the Headquarter, which is not permitted as per Ex.R4. Respondent no.1
being the Government Agency, workman is trying to take benefit of his appointment by respondent no.2 and has filed
a false claim after concealing material facts and claim of the workman is not maintainable.
11.
I have given due consideration to the arguments advanced by AR for both the parties.
Findings:-
12.
The first contention regarding the applicant is that whether applicant comes within the definition of workman
as is defined in Section 2(s) of the Act. I may mention that applicant was appointed as sweeper as per his claim
petition and affidavit submitted before the Tribunal. In plain words the applicant was performing his duties as
labourer/unskilled worker. He was not in supervisory or administrative post requiring him to perform only
administrative duties. While interpreting Section 2(s) Hon‘ble Supreme Court in the case of Devinder Singh Vs.
Municipal Council, Sanaur, AIR 2011 Supreme Court 2532,has observed as follows:-
2768
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
“The source of employment, the quantum of recruitment, the terms & conditions of employment/ contract of
service, the quantum of wages/ pay and mode of payment are not at all relevant for deciding whether or not a
person is a workman within the meaning of Section 2(s) of the Act. The definition of workman also does not make
any distinction between full time and part time employee or a person appointed on contract basis. There is nothing
in the plain language of Section 2(s) from which it can be inferred that only person employed on regular basis or a
person employed for doing whole time job is a workman and the one employed on temporary, part time or contract
basis on fixed wages or as a casual employee or for doing duty for fixed hours is not a workman.”
13.
Thus Hon‘ble Supreme Court has clarified that the definition of workman also does not make any distinction
between full time or part time employee or a person appointed on contract basis. There is nothing in plain language of
Section 2(s) from which it can be infer that only person employed on regular basis or a person employed for doing
whole time job is a workman and the one employed on temporary, part time or contract basis on fixed wages or as a
casual employee or for doing duty for fixed hours is not a workman. In view of the ratio of law enunciated in the
above ruling, in my considered opinion the applicant herein admittedly falls within the definition of ‗workman‘ under
Section 2(s) of the Act.
14.
The Hon‘ble Supreme Court after analyzing the catena of cases has laid down in Balwant Raj Saluja Vs. Air
India Limited in Civil Appeal No.10266 dated 25.08.2014, two well recognized tests to find out whether the labours
are the contract employees of the principal employer are:-
1) Whether the principal employer pays the salary instead of contractor and
2) Whether the principal employer controls and supervise the work of the employees?
15.
The facts regarding the payment of salary by the management or contractor has not been stated in the claim
petition of the workman. In fact, claim petition is totally silent regarding the payment of wages, salary, letter of
appointment by respondent no.1 or by contractor or anything likewise. Thus, this basic feature for holding the
relationship of employer and employee i.e. between respondent no.1 and workman totally lacking not in the pleading
but also in the evidence submitted by the workman.However, MW1 Colonel K P Singh in his cross examination has
stated that it is responsibility of the contractor to pay monthly wages to the conservancy staff provided by him.
Respondent no.1 has nothing to do with the minimum wages, DC rate to the conservancy staff. Contractor is
responsible to give notice to the conservancy staff provided by him. Respondent no.1 has no roll in terminating the
services of the workman. Thus, it was the respondent no.2 who was required to ensure the payment of wages to the
workers engaged by him from time to time.
16.
It is also added here that respondent no.1 has also placed on record documents Ex.R-1 to Ex.R-4. Ex.R-2 is
the contract agreement between respondent no.1 & 2. Thus, from the adduced evidence, it emerges that workman was
paid salary by the contractor and he was being controlled and supervised by the contractor. Thus, there does not exist
any relationship of employee and employer between the workman and respondent no.1. However, there exists relation
of employee and employer between the workman and respondent no.2.
17.
It is also added here that as per definition of contractor as given in the Section 2(c) of the Contract Labour
(Regulation and Abolition) Act, 1970 (hereinafter called as Contract Act), respondent no.2 was supplying contract
labour to the respondent no.1. Thus, respondent no.2 would fall under the definition of contractor. Section 2(c) of the
Contract Act is reproduced as under:
“Contractor”, in relation to an establishment, means a person who undertakes to produce a given result for the
establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract
labour or who supplies contract labour for any work of the establishment and includes a sub-contractor;
18.
TheHon‘ble Apex Court in the case of Banglore Water Supply & Sewerage Board Vs. A. Rajappa 1978(36)
FLR 266 dealt at length with the ambit and scope of expression ―industry‖ as defined in Section 2(j) of the Act, and
has laid down triple test for determining whether a particular establishment is industry or not. The triple test is where
(a) systematic activity (b) organized by cooperation between employer and employee (the direct and substantial
element is commercial (c) for the production or distribution of goods and services to calculated to satisfy human
wants and wishes prima facie is an ―Industry‖ in that enterprise. The workman was doing work i.e. systematic activity
for respondent no.1 at the asking of respondent no.2 and there was cooperation between the workman and respondent
no.2, which involve substantial commercial element for rendering service to satisfy human wants. Thus, respondent
no.2 would be termed as industry.
19.
Workman in his deposition has clearly stated that there was non-compliance of Section 25F, 25G and 25H of
the Act. He also stated that he was appointed on 17.08.2017 and he was paid minimum wages prescribed by Central
Government and was working with respondent no.1. He was not given any compensation before terminating his
services on 27.10.2018. In his cross examination, he has further stated that his salary used to be credited in his bank
account. But he has not placed on record any bank account, in which his salary was credited in order to enable this
Court to see who was making payment to the workman. However, there is no denial that the workman was paid salary
by respondent no.2 (contractor). However, from the agreement dated 05.07.2018 (Ex.R-2) placed on file by
respondent no.1, it emerges that safai karamcharis were provided by respondent no.2 (contractor) to work with
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2769
respondent no.1. Thus, workman was employee of respondent no.2 and not of respondent no.1 as has been discussed
above. There does not exist any relationship of employee and employer between the workman and respondent no.1.
However, there exists relation of employee and employer between the workman and respondent no.2.
20.
Admittedly, there is non-compliance of Section 25F of the Act by respondent no.2. However, as regards
violation of other provisions i.e. Section 25G and 25H of the Act, there is no evidence lead by the workman. Hence,
workman is entitled for compensation from respondent no.2.
21.
It is also added here that there is no iota of evidence that any unfair labour practice used by respondent no.1
by entering into contract with contractors for supply of safai karamcharis and agreement executed between respondent
no.1 and 2 cannot be said to be any unfair labour practice. So far as contentions of AR for workman that the work
performed by the workman is of perennial in nature and no domestic inquiry was held before terminating the services
of workman are concerned, in this regard, it is pointed out that workman was entitled only for compensation under
Section 25F of the Act by respondent no.2 (contractor) and no domestic inquiry was required to be conducted. Merely
because work is of perennial in nature does not mean that any right has accrued in favour of the workman to get
employment with respondent no.1, which is a department of Civil Defence run by Government of India and for that
regular recruitment procedure is provided. Workman cannot seek backdoor entry into service. Moreover, workman is
not employee of respondent no.1 being employee of respondent no.2 (contractor).
22.
In view of above discussion, it is held that since respondent no.2 (contractor) is currently not working with
respondent no.1, so keeping in view the tenure of service rendered by the workman and salary given to him during the
period of his stay with the contractor and non-compliance of Section 25F of the Act, this Tribunal is of the considered
opinion that workman is entitled for compensation.
23.
Keeping in view the fact and circumstances of the present case, the following scheme of compensation is
deemed fit by this Tribunal:
i.
Workman who worked for less than 2 years with contractor shall be entitled for Rs.20,000/-.
ii.
Workman who worked for more than 2 years but less than 5 years with contractor shall be entitled
Rs.30,000/-.
iii.
Workman who worked for more than 5 years with contractors shall be entitled for Rs.50,000/-.
24.
Present workman employed on 17.08.2017 and was terminated on 27.10.2018 (less than 2 years), so he is
entitled for Rs.20,000/-.
25.
Respondent no.2 is directed to pay the workman Rs.20,000/- within one month from the date of the
notification of the award failing which the respondent no.2 shall further pay interest @6% per annum from the date of
award till the date of making payment. It is also added here that in case respondent no.1 requires safai karamcharis,
then workman may be engaged through any contractor on sympathetic ground.
26.
Let copy of this award be sent to Central Government for publication as required under Section 17 of
the Act.
KAMAL KANT, Presiding Officer
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 573.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
प्रिासजनक कमांडर मु्यालय (नागररक रक्षा), ृंचकुला ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa
fufnZ’V औद्योजगक fookn esa dsUnzh; ljdkj औद्योजगक vf/kdj.k@Je U;k;ky; चंडीगढ़-I ds iapkV (72/2024) izdkf”kr
djrh gSA
[सं. एल 12025/01/2026-आईआर (बी-I)-79]
सलोनी, उृ जनदेिक
New Delhi, the 1st April, 2026
S.O. 573.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 72/2024) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Chandigarh-I as shown in the Annexure, in the industrial dispute between the management of Admn. Commander
Head Quarter ( Civil Defence), Panchkula and their workmen.
[No. L-12025/01/2026- IR (B-I)-79]
SALONI, Dy. Director
2770
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I,
CHANDIGARH
(Present:- Mr. Kamal Kant, PO-cum-Link Officer).
ID No.72/2024
Registered on:-16.10.2019
Ganga Devi W/o Sh. Ranbir R/o 403 Chuna Mandi Road, Gate No.1 Chandi Mandir, Panchkula.
-------- Workman
Versus
1. Admn. Commander Station Head Quarter (Civil Defence), Chandi Mandir Cantt. Panchkula, Haryana.
2. M/s A.A. Foundation For safety, Head Office-5919, DLF City, Face-4, Gurugaon-122022.
----Respondents
Present:- Sh. Jang Bahadur, AR for workman.
Sh. Satinder Singh, AR for respondent no.1.
Respondent no.2 already ex parte.
Award :10.03.2026
1.
Workman has filed the present claim petition under Section 2A of the Industrial Disputes Act, 1947
(hereinafter called the Act) against her termination w.e.f. 27.10.2018 claiming reinstatement into service along with
continuity of service and full back wages.
2.
It is maintained by the workman in the claim petition that that she was appointed as sweeper/safai
karamchari on 01.01.2015 by respondent no.1 at minimum wages prescribed by the Central Government. But the said
minimum wages were never paid to her. Management has unlawfully deducted 12% EPF share, 1.75% ESI and
Rs.300/- as TDS from hissalary despite of the fact that her total wages comes under the ambit of taxfree limit. Shewas
working under respondent no.1 directly, but respondent no.1 in order to avoid its liability always shows his
employment in record under different contractors, which tantamount to unfair labour practice.
3.
It is further maintained that workman including 200 other safai karamcharis of respondent no.1 raised the
demand for non-deduction of TDS from the wages paid by respondent no.1. However, their demand was not
accepted. Other workers working under respondent no.1 formed union and subsequently herservices were dispensed
with w.e.f. 27.10.2018. It is also maintained that respondent no.1 retained juniors in service and also made fresh
appointments after termination of her services and no compensation was paid under Section 25F of the Act. Thus,
there is violation of Section 25F, 25G and 25H of the Act. Hence this petition.
4.
Notice of the petition was given to respondents.
5.
Respondent no.1 filed reply to the claim petition maintaining therein that the workman has not come to the
Court with clean hands as she was appointed as sweeper by respondent no.2 (contractor) at minimum wage rate as
prescribed by the Central Government. As per Government Policy dated 18.03.2011 (Ex.R-1), Non-Cantonment
Military Stations have been authorized to outsource conservancy safaiwala. The answering respondent entered into
contract with various private agencies for outsourcing of sweepers (safai karamcharis). In July 2018, the answering
respondent entered into contract with M/s AA Foundation for safety and M/s Sunrise Facilitator Pvt. Ltd. through e-
tendering for outsourcing of safai karamcharis to provide conservancy services in ChandiMandir Military Station for
the financial year 2018-19. Respondent no.2 submits bill for payment for the days the safai karamcharis performed
their duties and answering respondent is only responsible to forward these bills to PCDA Western Command
Chandigarh to release payment directly to the contractor‘s account. Salary is paid to the workman by the contractor.
Compliance of PF, ESI Rules etc. is carried out by the contractor as per contract agreement. Answering respondent
has no responsibility of disbursement of wages and deduction of EPF and ESI etc. The workman and other safai
karamcharis formed union in the headquarter, which is not permitted and also carried out demonstration inside the
premises of Station Headquarter on 27.10.2018 and failed to perform his duties. Thereafter, answering respondent
asked respondent no.2 to ask the workers to perform their duties. Answering respondent has no role or responsibility
for termination services of the workman. There is no relationship of employer and employee between the answering
respondent and the workman. In view of Army Headquarter Letter, the civilian employees of the answering
respondent cannot organize themselves into trade unions as station headquarter is an administrative office of the
Government of India. In spite of that, workman along with other safai karamcharis formed union unauthorizedly and
indulge in unlawful activities. It is maintained that workman is the employee of contractor and therefore, termination
is the prerogative of the contractor. It is prayed that the claim be dismissed.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2771
6.
It is pertinent to mention here that respondent no.2 was proceeded ex parte on 07.05.2024.
Evidence of workman:-
7.
In order to prove his case, workman examined himself as WW1 and tendered into evidence his affidavit
WW1/Aand has been cross examined by the AR for respondent no.1. AR for workman closed the evidence on
22.07.2024.
Evidence of respondent no.1:-
8.
Respondent no.1 examined Colonel K P Singh S/o Late Colonel P. P. Singh, OIC, Civic Cell, Station Head
Quarter, ChandiMandir Panchkula as MW1, who tendered into evidence his affidavit Ex.MW1/A along with
documents Ex.R1 to Ex.R4. AR for respondent no.1 closed the evidence on 29.01.2026.
Sr. No.
Document
Dated
Exhibit
5.
Policy
18.03.2011
Ex.R-1
6.
Agreement with respondent no.2
05.07.2018
Ex.R-2
7.
Copy of ECR of EPFO
Ex.R-3
8.
Letter of Head Quarter
22.04.1980
Ex.R-4
Submissions of workman:-
9.
While arguing the case, AR for workman contended that in this case, workman was appointed by respondent
no.1 under a camouflage agreement with respondent no.2. The workman was appointed directly by respondent no.1
on 01.01.2015 as sweeper and her services were dispensed with on 27.10.2018 without any reason in violation of
Section 25F, 25G and 25H of the Act as no compensation was paid to the workman and junior to him were retained in
service and fresh appointment were made after termination of the workman. So far as the agreements between the
respondent no.1 & 2 are concerned, they are totally not tenable and is unfair labour practice. The work performed by
the workman is of perennial in nature. The contractor was not having any license. The contractor has left after three
months. No domestic inquiry was held before terminating the service of the workman, which is mandatory under
the Act.
Submissions of respondent no.1:-
10.
On the other hand, AR for respondent no.1 contended that the workman was engaged by respondent no.2
(contractor) as per agreement executed between respondent no.1 & 2 on outsource basis and there is no relationship
of employer and employee between respondent no.1 and the workman. Wages were paid by the respondent no.2 to
the workman and there was no role of respondent no.1 in appointing or terminating the services of the workman.
Workman is employee of respondent no.2. If there is any violation of provision of the Act, then it is done by
respondent no.2. As per Ex.R3, all dues were paid by the contractor with regard to EPF and ESI etc. The workman
and other safai karamcharis formed union in the Headquarter, which is not permitted as per Ex.R4. Respondent no.1
being the Government Agency, workman is trying to take benefit of his appointment by respondent no.2 and has filed
a false claim after concealing material facts and claim of the workman is not maintainable.
11.
I have given due consideration to the arguments advanced by AR for both the parties.
Findings:-
12.
The first contention regarding the applicant is that whether applicant comes within the definition of
workman as is defined in Section 2(s) of the Act. I may mention that applicant was appointed as sweeper as per his
claim petition and affidavit submitted before the Tribunal. In plain words the applicant was performing his duties as
labourer/unskilled worker. She was not in supervisory or administrative post requiring him to perform only
administrative duties. While interpreting Section 2(s) Hon‘ble Supreme Court in the case of Devinder Singh Vs.
Municipal Council, Sanaur, AIR 2011 Supreme Court 2532,has observed as follows:-
“The source of employment, the quantum of recruitment, the terms & conditions of employment/ contract of
service, the quantum of wages/ pay and mode of payment are not at all relevant for deciding whether or not a
person is a workman within the meaning of Section 2(s) of the Act. The definition of workman also does not make
any distinction between full time and part time employee or a person appointed on contract basis. There is
nothing in the plain language of Section 2(s) from which it can be inferred that only person employed on regular
basis or a person employed for doing whole time job is a workman and the one employed on temporary, part time
or contract basis on fixed wages or as a casual employee or for doing duty for fixed hours is not a workman.”
13.
Thus Hon‘ble Supreme Court has clarified that the definition of workman also does not make any distinction
between full time or part time employee or a person appointed on contract basis. There is nothing in plain language of
Section 2(s) from which it can be infer that only person employed on regular basis or a person employed for doing
2772
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
whole time job is a workman and the one employed on temporary, part time or contract basis on fixed wages or as a
casual employee or for doing duty for fixed hours is not a workman. In view of the ratio of law enunciated in the
above ruling, in my considered opinion the applicant herein admittedly falls within the definition of ‗workman‘ under
Section 2(s) of the Act.
14.
The Hon‘ble Supreme Court after analyzing the catena of cases has laid down in Balwant Raj Saluja Vs. Air
India Limited in Civil Appeal No.10266 dated 25.08.2014, two well recognized tests to find out whether the labours
are the contract employees of the principal employer are:-
1) Whether the principal employer pays the salary instead of contractor and
2) Whether the principal employer controls and supervise the work of the employees?
15.
The facts regarding the payment of salary by the management or contractor has not been stated in the claim
petition of the workman. In fact, claim petition is totally silent regarding the payment of wages, salary, letter of
appointment by respondent no.1 or by contractor or anything likewise. Thus, this basic feature for holding the
relationship of employer and employee i.e. between respondent no.1 and workman totally lacking not in the pleading
but also in the evidence submitted by the workman.However, MW1 Colonel K P Singh in his cross examination has
stated that it is responsibility of the contractor to pay monthly wages to the conservancy staff provided by him.
Respondent no.1 has nothing to do with the minimum wages, DC rate to the conservancy staff. Contractor is
responsible to give notice to the conservancy staff provided by him. Respondent no.1 has no roll in terminating the
services of the workman. Thus, it was the respondent no.2 who was required to ensure the payment of wages to the
workers engaged by him from time to time.
16.
It is also added here that respondent no.1 has also placed on record documents Ex.R-1 to Ex.R-4. Ex.R-2 is
the contract agreement between respondent no.1 & 2. Thus, from the adduced evidence, it emerges that workman was
paid salary by the contractor and she was being controlled and supervised by the contractor. Thus, there does not exist
any relationship of employee and employer between the workman and respondent no.1. However, there exists relation
of employee and employer between the workman and respondent no.2.
17.
It is also added here that as per definition of contractor as given in the Section 2(c) of the Contract Labour
(Regulation and Abolition) Act, 1970 (hereinafter called as Contract Act), respondent no.2 was supplying contract
labour to the respondent no.1. Thus, respondent no.2 would fall under the definition of contractor. Section 2(c) of the
Contract Act is reproduced as under:
“Contractor”, in relation to an establishment, means a person who undertakes to produce a given result for the
establishment, other than a mere supply of goods or articles of manufacture to such establishment, through contract
labour or who supplies contract labour for any work of the establishment and includes a sub-contractor;
18.
TheHon‘ble Apex Court in the case of Banglore Water Supply & Sewerage Board Vs. A. Rajappa 1978(36)
FLR 266 dealt at length with the ambit and scope of expression ―industry‖ as defined in Section 2(j) of the Act, and
has laid down triple test for determining whether a particular establishment is industry or not. The triple test is where
(a) systematic activity (b) organized by cooperation between employer and employee (the direct and substantial
element is commercial (c) for the production or distribution of goods and services to calculated to satisfy human
wants and wishes prima facie is an ―Industry‖ in that enterprise. The workman was doing work i.e. systematic activity
for respondent no.1 at the asking of respondent no.2 and there was cooperation between the workman and respondent
no.2, which involve substantial commercial element for rendering service to satisfy human wants. Thus, respondent
no.2 would be termed as industry.
19.
Workman in her deposition has clearly stated that there was non-compliance of Section 25F, 25G and 25H
of the Act. She also stated that she was appointed on 01.01.2015 and she was paid minimum wages prescribed by
Central Government and was working with respondent no.1. She was not given any compensation before terminating
his services on 27.10.2018. In his cross examination, she has further stated that her salary used to be credited in his
bank account. But she has not placed on record any bank account, in which her salary was credited in order to enable
this Court to see who was making payment to the workman. However, there is no denial that the workman was paid
salary by respondent no.2 (contractor). However, from the agreement dated 05.07.2018 (Ex.R-2) placed on file by
respondent no.1, it emerges that safai karamcharis were provided by respondent no.2 (contractor) to work with
respondent no.1. Thus, workman was employee of respondent no.2 and not of respondent no.1 as has been discussed
above. There does not exist any relationship of employee and employer between the workman and respondent no.1.
However, there exists relation of employee and employer between the workman and respondent no.2.
20.
Admittedly, there is non-compliance of Section 25F of the Act by respondent no.2. However, as regards
violation of other provisions i.e. Section 25G and 25H of the Act, there is no evidence lead by the workman. Hence,
workman is entitled for compensation from respondent no.2.
21.
It is also added here that there is no iota of evidence that any unfair labour practice used by respondent no.1
by entering into contract with contractors for supply of safai karamcharis and agreement executed between
respondent no.1 and 2 cannot be said to be any unfair labour practice. So far as contentions of AR for workman that
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2773
the work performed by the workman is of perennial in nature and no domestic inquiry was held before terminating
the services of workman are concerned, in this regard, it is pointed out that workman was entitled only for
compensation under Section 25F of the Act by respondent no.2 (contractor) and no domestic inquiry was required to
be conducted. Merely because work is of perennial in nature does not mean that any right has accrued in favour of the
workman to get employment with respondent no.1, which is a department of Civil Defence run by Government of
India and for that regular recruitment procedure is provided. Workman cannot seek backdoor entry into service.
Moreover, workman is not employee of respondent no.1 being employee of respondent no.2 (contractor).
22.
In view of above discussion, it is held that since respondent no.2 (contractor) is currently not working with
respondent no.1, so keeping in view the tenure of service rendered by the workman and salary given to him during the
period of his stay with the contractor and non-compliance of Section 25F of the Act, this Tribunal is of the considered
opinion that workman is entitled for compensation.
23.
Keeping in view the fact and circumstances of the present case, the following scheme of compensation is
deemed fit by this Tribunal:
iv.
Workman who worked for less than 2 years with contractor shall be entitled for Rs.20,000/-.
v.
Workman who worked for more than 2 years but less than 5 years with contractor shall be entitled
Rs.30,000/-.
vi.
Workman who worked for more than 5 years with contractors shall be entitled for Rs.50,000/-.
24.
Present workman employed on 01.01.2015 and was terminated on 27.10.2018 (more than 2 years and less
than 5years), so she is entitled for Rs.30,000/-.
25.
Respondent no.2 is directed to pay the workman Rs.30,000/- within one month from the date of the
notification of the award failing which the respondent no.2 shall further pay interest @6% per annum from the date of
award till the date of making payment. It is also added here that in case respondent no.1 requires safai karamcharis,
then workman may be engaged through any contractor on sympathetic ground.
26.
Let copy of this award be sent to Central Government for publication as required under Section 17 of the
Act.
KAMAL KANT, Presiding Officer Cum Link Officer
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 574.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdkas vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky;
ds iapkV (a26/2001) izdkf”kr djrh gSA
[सं. एल-12012/329/2000-आईआर (बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 1st April, 2026
S.O. 574.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 26/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/329/2000- IR (B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR
Presiding Officer
Dated the 24th day of February, 2026
INDUSTRIAL DISPUTE No. 26/2001
2774
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Between:
Sri M. Madhukar Rao,
S/o Manik Rao,
H.No. 1-3-183/40/53, SBI staff colony,
1st Venture, Gandhinagar,.
Hyderabad.
… Petitioner
And
The Assistant General Manager,
(Personnel & HDR Deptt.)
State Bank of India,
Local Head Office,
Hyderabad.
…..Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/329/2000-IR(B.I) dated
19.04.2001 referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 requiring this forum to decide
the question:
SCHEDULE
―Whether the action of the management of State Bank of India, Local Head Office Hyderabad in terminating
the services of Sri M. Madhukar Rao, Temporary/Non-Messenger, SBI w.e.f. 31.3.1997 is justified? If not,
what relief the applicant is entitled?‖
After receipt of the reference, it was numbered as ID No. 26/2001 and notices were issued to both the Workman and
the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favor of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the
aggrieved Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble
High Court of Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ
petitions and set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases
by Central Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State
Bank of India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to
their termination and further directed to consider their cases for regularization as and when the substantive vacancy
arises. This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch
petitions was challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of
2014. The aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High
Court of Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal
was pleased to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal, the
proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than one. Firstly,
in such matters, claims have to be decided on individual basis, as different persons have different claims as to the
length of officiation or discharge of duties and functions; quality of engagement, drawings, accounting of the post for
each one of them, who have worked etc. AIl these issues will not be the same in all the cases. Therefore, each case
ought to have been directed to be decided by the Tribunal afresh on individual basis. The second and most important
aspect is the learned single Judge has in one go ordered re-employment of all the workmen. This is not a relief that
could have been granted without answering the individual issues; each issue relating to each case could not have
been decided by the writ Court within the format of its adjudication procedures and scope. The adjudicating body,
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2775
which has to do that activity, is the Industrial Tribunal. Therefore, we are of the view that while we would sustain the
order of the learned singe Judge insofar as it interfered and sets aside the award of the Tribunal, the further findings
and directions, issued through the impugned order have to go and the individual cases have to be sent back for
consideration of the Tribunal. Such further procedure before the Tribunal will have to be carried forward with the
materials already on record and also by affording an opportunity to the persons, who have claims as well as the
management to place their rival contentions and further material before the Tribunal. The learned counsel appearing
for the workmen are justified in pointing out that enormous delay has already happened and further action by the
Tribunal in this line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common award
dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an outer limit
of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014 and batch
cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in view of the
aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement
dated 20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that
the Workman joined in the service of the management institution as Messenger from 1986 to 1997, and has rendered
unblemished service spreading over a period of about 11 years. The Respondent has terminated services of
Workman by oral orders with effect from 1.4.1997. Further, it is submitted that the management of Respondent
bank decided to give a chance to temporarily employed personnel ―found suitable for permanent appointment‖ by
wait- listing them by offering permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were listed.
That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have completed
270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed minimum
of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate temporary
service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid up to December 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May 1989 was held.
A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to be
valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the years
1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the panel,
eligible temporary employees who have been empanelled could not appear in the earlier interviews and have been
pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st settlement
(Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd settlement (Ex
M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement (Ex M6). In
between there are minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all these
settlements which were extended by subsequent settlements thereby created reasonable expectations in the list of the
selected candidates arose with that it‘s a question of time their appointments or services would be regularized in the
services of the bank. The Workman was working with the bank on temporary basis was under the bonafide hope that
sooner his services will be regularized with the bank. He is thereby closed all his options elsewhere. It is needless to
point out that employing person to whom hope of employment in substantial terms was made is a facet of Article 21
of the Constitution of India.
2776
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR,
dated 16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein
were specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is
permitted to make any permanent appointments. That some of the persons similarly situated like this Workman
aggrieved by the inaction on the part of the management of the bank is not regularizing their services from out of the
selected panel and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of
A.P. It is specifically averred in the said writ petition that the Management of the bank had failed to implement the
settlement and that it violates the various fundamental rights guaranteed under the constitution of India. The
Hon‘ble High court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from
time to time. It also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The
Hon‘ble High Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement.
In view of the directions given by the High Court all candidates whose names appeared in the select panels prepared
on the basis of the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on
the basis of a settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel
was valid upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992
and on the basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under
the bonafide impression that their cases will be considered for regularization and were living on the basis of the said
reasonable expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to
the settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2777
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees where in they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without
jurisdiction and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of
Understanding dated 27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is
not published anywhere to brought to the notice of the Workman whose rights are being affected. It is submitted that
Management did not adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90
in the year 1995. The same was not followed in the year 1997 despite there being vacancies.The management
has followed the procedure of calling candidates through Employment exchange instead of giving chance to the
empanelled candidates like the Workman here. It is pertinent to mention here that the Respondent Management sent
letters to the all similarly situated candidates like the Workman in the month of June, 1997, subsequent to the passing
of impugned termination orders. After knowing the facts that the candidates are litigating, the Management refused to
engage these candidates. It is once again reiterated that the panels are meant for absorption but not for termination. It
was the duty of the Management to engage the empanelled candidates like the Workman even in temporary vacancies
till they are absorbed permanently in regular vacancies. Hence, the action of the Respondent Management
terminating the services of the Workman by oral order dated 31.3.97 is unjust, illegal, violative of principles of
natural justice and hence, the Management be directed to reinstate and absorb the Workman and to grant all incidental
and consequential benefits.
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2779
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex.W1 to W16. Further, the Workman has filed photocopies of documents in support
of his claim which are discussed as under:-
Ex.W1 is the Caste Certificate dated 3-12-92 of the Petitioner. Further Ex.W2 is the transfer certificate of the
petitioner. Ex.W3 is the appointment order dated 31-2-86. Ex.W4 is the appointment order dated 5-9-86. Ex.W5 is
the appointment order. Ex.W6 is the appointment order dated 13-4-1989. Ex. W7 and Ex. W8 are the orders. Ex.
W9 is the letter dated 27-6-1989 calling for interview. Ex. W10 is the Certificate dated 2-4-1991. Ex. W11 is the
Certificate dated 16-3-92. Ex. W12 is the certificate dated 9-4-94. Ex. W13 is the Certificate dated 20-5-97. Ex.
W14 is the letter of the Asst. Labor Commissioner (Central) dated 5-7-99. Ex. W15 is the letter dated 18.05.2001
from the Respondent. Ex. W16 is the letter dated 31.05.2001 from the Respondent.
21.
On the other hand, Respondent has examined witness MW1 Sri Aluru Rama Rao and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
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[PART II—SEC. 3(ii)]
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Messengerial Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 General Attendant Panel. Ex.M11 is the Judgment of
Hon‘ble High Court of A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme
Court of India in SLP No. 11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, Local Head Office Hyderabad, in terminating the
services of Workman Sri M. Madhukar Rao, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
Findings:-
25.
Point No.I:-Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding
where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof
has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in the
aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued that
the Workman after going through the selection procedure has successfully been listed in the panel for appointment on
the permanent basis in the Respondent management and the empanelled list has to be valid till last person in the
empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and 31.3.97, has been
issued by Respondent management thereby the services of the Workman has been terminated and the said order is not
in consonance of the terms of the agreement entered into between the parties. Further, Workman submits that the
Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list which is illegal and
that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97 incorporated in the
aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been decided
by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide letter dated
25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial category
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2781
from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of settlements
entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by Respondent
Management is also direction to Branch Manager, State Bank of India not to make any temporary messengerial
category appointment with effect from 1.4.1997 and it has also been communicated to all concerned that the panels
of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997. Further, office
order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said office order has
been issued to this effect that, ―Consequent on absorption of temporary employees in permanent cadre, it has been
decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh..... 1990 II LLJ
510 AP para 414, Hon‘ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial Disputes
Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years. The settlement
was to be in force upto 30th June 1986 and the next settlement, incorporating practically the same terms, was again
entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act. There is no dispute that these
settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It can
only decide in the first appeal whether a termination by the management is valid or not and is within the parameters
of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide whether a settlement
entered into under Section 18(1) of the Industrial Disputes Act between the representatives of the Workmen and of the
Management, is vitiated by undue influence or misrepresentation or coercion on the part of the Management. The
Authority, namely, the Assistant Commissioner of Labour, was never intended by the A.P. Legislature to have
jurisdiction to go into the question of the validity of a settlement arrived at under Section 18 of the Industrial Disputes
Act by an Industrial Court. That Parliament has, in fact, constituted Industrial Courts under the Industrial Disputes
Act, with extensive powers cannot be disputed. What we mean to say is that the Authority under Section 41(1) of the
A.P. Act has no jurisdiction what-so-ever either to question or to decide about the validity of any such settlements. If
parties to a settlement have a grievance about the validity of a settlement, it is for them to agitate the matter before
the appropriate forum and they cannot ask an Authority constituted under Section 41(1) of the A.P. Shops and
Establishments Act, 1966 with limited jurisdiction, to go into any such question and, that too, incidentally while
deciding whether retirement as per the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or misrepresentation or
coercion on the part of the management. If the Workman feeling aggrieved by any terms of settlement/ agreement on
the afore mentioned grounds then he can challenge of settlement before a competent authority under the Act, 1947.
But here in the instant matter it is not a case of Workman that aforementioned settlement has been entered into
between the parties on the ground of undue influence or misrepresentation or coercion. Therefore, Workman is barred
to raise any objection in respect of fixing the date of lapse of both panels on 31.3.1997 as agreed between both the
parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR 322,
Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a finding
at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other hand, we feel
that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner. The Tribunal is,
rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement was binding on the
company and the members of the 3rd Respondent union. Even so, the Tribunal devoted nearly half of its order in
scanning the evidence given by the company and Respondent No. 3 to find out whether the terms of the settlement had
been explained by the President of the union to the workmen or not and whether the workers voluntarily accepted the
settlement knowing all the "consequences". This to our mind is again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture. It is
not necessary that each individual worker should know the implications of the settlement since a recognised union,
which is expected to protect the legitimate interests of labour, enters into a settlement in the best interests of labour.
This would be the normal rule. We cannot altogether rule out exceptional cases where there may be allegations of
mala fides, fraud or even corruption or other induce- ments. Nothing of that kind has been suggested against the
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
President of the 3rd Respondent in this case. That being the position, prima facie, this is a settlement in the course of
collective bargaining and, therefore, is entitled to due weight and consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others bad.
Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the other
advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to be
accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before this Court
the 3rd Respondent representing admittedly the large majority of the workmen has stood by this settlement and that is
a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we cannot also be oblivious of the
fact that all workmen of the company have accepted the settlement. Besides, the period of settlement has since expired
and we are informed that the employer and the 3rd Respondent are negotiating another settlement with further
improvements. These factors, apart from what has been stated above, and the need for industrial peace and harmony
when a union backed by a large majority of workmen has accepted a settlement in the course of collective bargaining
have impelled us not to interfere with this settlement. That being the position, we unhold the settlement as fair and just
and order that the award of the Tribunal shall be substituted by the settlement dated October 18, 1973. The said
settlement shall be the substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the period
of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days'
average pay for every completed year of continuous service] or any part thereof in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified
by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,
including service which may be interrupted on account of sickness or authorized leave or an accident or a strike
which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the Workman;
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2783
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or six
months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the date of
termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the reference of
decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim was
denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year
preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be
regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had
worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)
SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere
non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the
Workman had worked for 240 days as claimed."
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the Workman to
show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In
M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:
"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial
Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn
erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex
Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down the
principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for a fiction
to treat a Workman in continuous service for a period of one year despite the fact that he has not rendered
uninterrupted service for a period of one year but he has rendered period of 240 days during the period of 12
calendar service for months counting backwards and just preceding the relevant date being the date of retrenchment.
In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to determine first the relevant
date, ie the date of termination of service which is complained of as retrenchment. After that date is ascertained. move
backward to a period of 12 months just preceding the date of retrenchment and then ascertain whether within the
period of 12 months, the Workman has rendered service for a period of 240 days. If these three facts are affirmatively
answered in favor of the Workman pursuant to the deeming fiction enacted in clause (2)(a) it will have to be assumed
that the Workman is in continuous service for a period of one year and he will satisfy the eligibility qualification
enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who has
actually worked under the employer for not less than 240 days during a period of twelve months shall be deemed to
have been in continuous service for a period of one year whether or not he has in fact been in such continuous service
for a period of one year. It is enough that he has worked for 240 days in a period of 12 months, it is not necessary that
he should have been in the service of the employer for one whole year."
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on principle
and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not in employment
for a period of 12 calendar months, but has rendered service for a period of 240 days within the period of
12 calendar months commencing and counting backwards from the relevant date, i.e. the date of retrenchment. If he
has, he would be deemed to be in continuous service for a period of one year for the purpose of section 25B and
Chapter VA.”
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[PART II—SEC. 3(ii)]
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of proof lies
upon the Workman to show that he has completed 240 days of the service with the Respondent just preceding from
the date of his termination. Further, in respect of the employment of calculating the 240 days service in view of the
contents of Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“I was not sponsored by any employment exchange. ..”
“It is not true that I did not work for 240 days continuously during the said period.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously in any 12
months of a calendar year just preceding from the date of his termination in the Respondent bank. Therefore,
Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240 days
continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of the
Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2785
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon‘ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India in
respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular to all of
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[PART II—SEC. 3(ii)]
its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from 1.6.1982 and
appoint only empanelled candidates. The regional office was to prepare a panel of eligible candidates, after calling
names from the local/district employment exchange, and split it up branch-wise. Following that new procedure yearly
panels were prepared thereafter. Names of the Respondents were for the first time included in the panel prepared for
the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the Bank had informed the Respondents that the panel
was valid for one year only and that inclusion of their names in the panel was not to confer on them any right to seek
permanent appointment in the service of the bank. Considering the object with which the panel was prepared and the
fact that it was an yearly panel expiring on 6.2.1988, we are of the opinion that the Respondents did not get any right,
because of inclusion of their names in the said panel, for permanent absorption in the service of the Bank. Whatever
conditional right they had came to an end with the expiry of the panel. The claim of the Respondents, as contained in
the writ petition was thus misconceived and therefore the learned single Judge and the Division Bench, when it first
decided the appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and conditions of the
5th Settlement the contention of the Workman that empanelled list should continue even after 31.3.1997 till the last
Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless in view of recital in
the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I regarding binding
nature of Settlements and terms and conditions enumerated therein, in view of the provision contained u/s.18(1) of the
I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view of terms of settlement
dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till last man absorbed has
no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“It is true that the panel was prepared depending upon the number of days of service put in by the concerned
employee for the purpose of considering them for appointment on regular basis. …. Further witness states, I have not
filed any documents showing that my juniors have given regular employment.”
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in terms of
various settlements entered into between Staff Federation of State Bank of India and State Bank of India and it was
prepared on the basis of number of days of work put in by the temporary employees. Further, the Workman himself
admitted that some of the temporary employees whose names were included in the panel were given regular
appointment in the bank in order of their seniority in the panel and he is not having any document to show that any
person who worked for less number of days than the Workman was given appointment in the bank. Therefore, the
allegation of the Workman that the regular appointment has been made by the bank from the panel list in breach of
the terms of the settlement and violation of seniority of panel list is not proved by this evidence of WW1. Thus,
there is no evidence on record that bank has given the appointment to the temporary employees as well as daily
wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There is no
evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the seniority.
Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from panel list in
order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on 31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2787
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to order
regularisation, where such a direction would in the context of public employment offend the provisions contained
in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status of
permanency continues to exist in circumstances where the employer has indulged in an unfair labour practice by not
filling up permanent posts even though such posts are available and by continuing to employ workmen as temporary
or daily wage employees despite their performing the same work as regular workmen on lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years of
service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be open
to workmen who have been deprived of the same benefit at par with the workmen who have been regularised to make
a complaint before the Labour or Industrial Court, since the deprivation of the benefit would amount to a violation of
Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of the
ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them for years,
with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant matter the
Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer has
indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
2788
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date of
judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by a
statute and statutory rules. No appointment can be made by a Local Authority without following the provisions of the
recruitment rules. Any appointment made in violation of the said rules as also the constitutional scheme of equality as
contained in Articles 14 and 16 of the Constitution of India would be a nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible, but by
reason thereof an employee cannot claim any right to be permanently absorbed in service or made permanent in
absence of any statute or statutory rules. Merely because an employee has completed 240 days of work in a year
preceding the date of retrenchment, the same would not mean that his services were liable to be regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for absorption merely
on the basis of number of day of work in the Respondent bank Branch is not acceptable. As regard plea of the
Workman that the Workman should have been given employment even after 31.3.1997 as temporary Workman, it is
the discretion of Respondent to engage the Workman depending upon availability of work and this Tribunal can not
direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme Court and
few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme Court have
held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Article
14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered discretion in public law:
A public authority possesses powers only to use them for public good. This impose the duty to act fairly and to adopt
a procedure which is `fairplay in action'. Due observance of this obligation as a part of good administration raises a
reasonable or legitimate expectation in every citizen to be treated fairly in his interaction with the State and its
instrumentalities, with this element forming a necessary component of the decision making process in all State
actions. To satisfy this requirement of non- arbitrariness in a State action, it is, therefore, necessary to consider and
give due weight to the reasonable or legitimate expectations of the persons likely lo be affected by the decision or else
that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona
fides of the decision in a given case. The decision so made would be exposed to challenge on the ground of
arbitrariness. Rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but
providers for control of its exercise by judicial review.”
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP No.193/1997,
therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it was a
permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services were not
liable to be terminated and he was to be regularised into service on permanent basis. Shastry award warrants that no
temporary appointment can be made to a permanent post. But the matter is now covered by two division bench
judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of 1982. The ratio decided in the
two judgements is to the effect that there cannot be any mandate to appoint employees on permanent basis when the
requirement was for appointment on temporary basis. But it is held in the said judgements that when a temporary
appointee is ousted from service and not for misconduct and, if again temporary appointment is to be made, then, the
case of such temporary appointee who was ousted, has got to be considered in accordance with Sec. 25-H of
the Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein Hon‘ble
Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities must
consider his case for regularization provided he is eligible and qualified according to the rules and his service record
is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to instant case
of Workman.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2789
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it
was decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists
concurrently. A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another
settlement was entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies
arising up to December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so
prepared were to be considered against vacancies arising from January 1995 to December 1996, thereafter the said
panels lapse. MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including
part time attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-
messengerial positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled
before the empanelled list is allowed to lapse. Thus in both the cases empanelled list were lapsed on 1.4.1997.
Ex.M6 is the copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of
understanding was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned
will lapse on 31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the
statements giving the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non-
messenger panel, Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included
in the 1989 panel. As the existing vacancies at that time were exhausted and his turn did not come he could not be
given permanent employment in the bank as per the agreements. All the appointments were made strictly in
accordance with the settlements reached from time to time between SBI and SBI staff federation and as per seniority,
number of days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner
was not sponsored by any employment exchange he did not undergo the regular process of selection required for
appointment as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary
service in the bank. The petitioner and other temporary employees were terminated from service by the bank.
Further, MW1 states that the vacancies were filled up on regular basis with the temporary employees from the panels
and these panels were expired in terms of the settlements so reached and there were no vacancies to absorb such
employees. Thus, witness MW1 has proved the documents Ex.M1 to Ex.M12 and also contentions made in the
counter. However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such but their services were not utilized after the cut off date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontraverted, the claim of the Workman that he was entitled for
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No.IV:- In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
AWARD
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri M. Madhukar Rao, Ex. Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the
Petitioner is not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence,
dismissed. Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt.K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 24th day of February, 2026.
IRFAN QAMAR, Presiding Officer
2790
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri M. Madhukar Rao
MW1: Sri Aluru Rama Rao
Documents marked for the Petitioner
Ex.W1: Photocopy of Caste Certificate dated 3-12-92 of the Petitioner
Ex.W2: Photocopy of transfer certificate of the petitioner
Ex.W3: Photocopy of appointment order dated 31-2-86
Ex.W4: Photocopy of appointment order dated 5-9-86
Ex.W5: Photocopy of appointment order
Ex.W6: Photocopy of appointment order dated 13-4-1989
Ex.W7: Photocopy of appointment dated
Ex.W8: Photocopy of the appointment order dated 12-6-1980
Ex.W9: Photocopy of letter dated 27-6-1989
Ex.W10: Photocopy of Certificate dated 2-4-1991
Ex.W11: Photocopy of the Certificate dated 16-3-92
Ex.W12: Photocopy of the certificate dated 9-4-94
Ex.W13: Photocopy of Certificate dated 20-5-97
Ex.W14: Photocopy of letter of the Asst. Labor Commissioner (Central) dated 5-7-1999.
Ex.W15: Photocopy of letter dated 18.05.2001 from the Respondent
Ex.W16: Photocopy of letter dated 31.05.2001 from the Respondent.
Documents marked for the Respondent
Ex.M1: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.17.11.87
Ex.M2: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.16.7.88
Ex.M3: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.9.1.1991
Ex.M5: Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
Ex.M7: Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8: Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9: Photocopy of statement of 1989 Non-messenger panel
Ex.M10: Photocopy of statement of 1992 panel
Ex.M11: Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12: Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 575.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky;
ds iapkV (a25/2001) izdkf”kr djrh gSA
[सं. एल-12012/328/2000-आईआर (बी-I)]
सलोनी, उृ जनदेिक
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2791
New Delhi, the 1st April, 2026
S.O. 575.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 25/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/328/2000- IR (B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR
Presiding Officer
Dated the 24th day of February, 2026
INDUSTRIAL DISPUTE No. 25/2001
Between:
Sri M. Ramulu,
S/o Chandraiah,
(V) Rimmanager (M) Gajwel,
Medak District.
… Petitioner
And
The Assistant General Manager,
(Personnel & HDR Deptt.)
State Bank of India,
Local Head Office, Koti
Hyderabad.
…..Respondent
Appearances:
For the Petitioner :
Sri K.R. Prabhakar, Advocate
For the Respondent:
Sri Ratang Phani Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/328/2000-IR(B.I) dated 19.4.2001
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 requiring this forum to decide the question:
SCHEDULE
―Whether the action of the management of State Bank of India, Zonal Head Office Hyderabad in
terminating the services of Sri M. Ramulu, Messenger, from the services of the Bank by way of oral orders
w.e.f. 31.3.1997 is justified? If not, what relief he is entitled?‖
After receipt of the reference, it was numbered as ID No. 25/2001 and notices were issued to both the Workman and
the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favor of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the aggrieved
Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble High Court of
Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ petitions and
set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases by Central
Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State Bank of
India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to their
termination and further directed to consider their cases for regularization as and when the substantive vacancy arises.
2792
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch petitions was
challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of 2014. The
aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High Court of
Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal was
pleased to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal, the
proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than one. Firstly,
in such matters, claims have to be decided on individual basis, as different persons have different claims as to the
length of officiation or discharge of duties and functions; quality of engagement, drawings, accounting of the post for
each one of them, who have worked etc. AIl these issues will not be the same in all the cases. Therefore, each case
ought to have been directed to be decided by the Tribunal afresh on individual basis. The second and most important
aspect is the learned single Judge has in one go ordered re-employment of all the workmen. This is not a relief that
could have been granted without answering the individual issues; each issue relating to each case could not have
been decided by the writ Court within the format of its adjudication procedures and scope. The adjudicating body,
which has to do that activity, is the Industrial Tribunal. Therefore, we are of the view that while we would sustain the
order of the learned singe Judge insofar as it interfered and sets aside the award of the Tribunal, the further findings
and directions, issued through the impugned order have to go and the individual cases have to be sent back for
consideration of the Tribunal. Such further procedure before the Tribunal will have to be carried forward with the
materials already on record and also by affording an opportunity to the persons, who have claims as well as the
management to place their rival contentions and further material before the Tribunal. The learned counsel appearing
for the workmen are justified in pointing out that enormous delay has already happened and further action by the
Tribunal in this line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common award
dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an outer limit
of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014 and batch
cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in view of the
aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement
dated 20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that
the Workman joined in the service of the management institution as Messenger from 1989 to 1997, and has rendered
unblemished service spreading over a period of about 9 years. The Respondent has terminated services of Workman
by oral orders with effect from 1.4.1997. Further, it is submitted that the management of Respondent bank decided
to give a chance to temporarily employed personnel ―found suitable for permanent appointment‖ by wait- listing them
by offering permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were listed.
That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have completed
270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed minimum
of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate temporary
service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid up to December 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May 1989 was held.
A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to be
valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2793
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the years
1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the panel,
eligible temporary employees who have been empanelled could not appear in the earlier interviews and have been
pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st settlement
(Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd settlement (Ex
M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement (Ex M6). In
between there are minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all these
settlements which were extended by subsequent settlements thereby created reasonable expectations in the list of the
selected candidates arose with that it‘s a question of time their appointments or services would be regularized in the
services of the bank. The Workman was working with the bank on temporary basis was under the bonafide hope that
sooner his services will be regularized with the bank. He is thereby closed all his options elsewhere. It is needless to
point out that employing person to whom hope of employment in substantial terms was made is a facet of Article 21
of the Constitution of India.
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The Hon‘ble High
Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on the basis of a
settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel was valid
upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
2794
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees where in they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without
jurisdiction and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2795
Understanding dated 27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is
not published anywhere to brought to the notice of the Workman whose rights are being affected. It is submitted that
Management did not adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90
in the year 1995. The same was not followed in the year 1997 despite there being vacancies.
The
management has followed the procedure of calling candidates through Employment exchange instead of giving
chance to the empanelled candidates like the Workman here. It is pertinent to mention here that the Respondent
Management sent letters to the all similarly situated candidates like the Workman in the month of June, 1997,
subsequent to the passing of impugned termination orders. After knowing the facts that the candidates are litigating,
the Management refused to engage these candidates. It is once again reiterated that the panels are meant for
absorption but not for termination. It was the duty of the Management to engage the empanelled candidates like the
Workman even in temporary vacancies till they are absorbed permanently in regular vacancies. Hence, the action of
the Respondent Management terminating the services of the Workman by oral order dated 31.3.97 is unjust, illegal,
violative of principles of natural justice and hence, the Management be directed to reinstate and absorb the Workman
and to grant all incidental and consequential benefits.
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
2796
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
[भाग II—खण् ड 3(ii)]
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2797
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex.W1 to W8. Further, the Workman has filed photocopies of documents in support of
his claim which are discussed as under:-
Ex.W1 is the Caste Certificate. Further Ex.W2 is the Employment Card. Ex.W3 is the Memo of marks. Ex.W4 is
the school Certificate. Ex.W5 is the service certificate dated 28.08.1991. Ex.W6 is the letter calling the Petitioner
for interview. Ex. W7 is the orders dated 22.01.1993. Ex. W8 is the Service Certificate dated 23.05.1997.
21.
On the other hand, Respondent has examined witness MW1 Sri Aluru Rama Rao and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Messengerial Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 General Attendant Panel. Ex.M11 is the Judgment of
Hon‘ble High Court of A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme
Court of India in SLP No. 11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, Local Head Office Hyderabad in terminating the
services of Workman Sri M. Ramulu, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
Findings:-
25.
Point No.I:- Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding
where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof
has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in the
aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued that
the Workman after going through the selection procedure has successfully been listed in the panel for appointment on
the permanent basis in the Respondent management and the empanelled list has to be valid till last person in the
empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and 31.3.97, has been
issued by Respondent management thereby the services of the Workman has been terminated and the said order is not
in consonance of the terms of the agreement entered into between the parties. Further, Workman submits that the
Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list which is illegal and
that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97 incorporated in the
aforesaid 5th settlement, is arbitrary and illegal.
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been decided
by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide letter dated
25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial category
from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of settlements
entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by Respondent
Management is also direction to Branch Manager, State Bank of India not to make any temporary messengerial
category appointment with effect from 1.4.1997 and it has also been communicated to all concerned that the panels
of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997. Further, office
order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said office order has
been issued to this effect that, ―Consequent on absorption of temporary employees in permanent cadre, it has been
decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh..... 1990 II LLJ
510 AP para 414, Hon‘ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial Disputes
Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years. The settlement
was to be in force upto 30th June 1986 and the next settlement, incorporating practically the same terms, was again
entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act. There is no dispute that these
settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It can
only decide in the first appeal whether a termination by the management is valid or not and is within the parameters
of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide whether a settlement
entered into under Section 18(1) of the Industrial Disputes Act between the representatives of the Workmen and of the
Management, is vitiated by undue influence or misrepresentation or coercion on the part of the Management. The
Authority, namely, the Assistant Commissioner of Labour, was never intended by the A.P. Legislature to have
jurisdiction to go into the question of the validity of a settlement arrived at under Section 18 of the Industrial Disputes
Act by an Industrial Court. That Parliament has, in fact, constituted Industrial Courts under the Industrial Disputes
Act, with extensive powers cannot be disputed. What we mean to say is that the Authority under Section 41(1) of the
A.P. Act has no jurisdiction what-so-ever either to question or to decide about the validity of any such settlements. If
parties to a settlement have a grievance about the validity of a settlement, it is for them to agitate the matter before
the appropriate forum and they cannot ask an Authority constituted under Section 41(1) of the A.P. Shops and
Establishments Act, 1966 with limited jurisdiction, to go into any such question and, that too, incidentally while
deciding whether retirement as per the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or misrepresentation or
coercion on the part of the management. If the Workman feeling aggrieved by any terms of settlement/ agreement on
the aforementioned grounds then he can challenge of settlement before a competent authority under the Act, 1947.
But here in the instant matter it is not a case of Workman that aforementioned settlement has been entered into
between the parties on the ground of undue influence or misrepresentation or coercion. Therefore, Workman is barred
to raise any objection in respect of fixing the date of lapse of both panels on 31.3.1997 as agreed between both the
parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR 322,
Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a finding
at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other hand, we feel
that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner. The Tribunal is,
rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement was binding on the
company and the members of the 3rd Respondent union. Even so, the Tribunal devoted nearly half of its order in
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2799
scanning the evidence given by the company and Respondent No. 3 to find out whether the terms of the settlement had
been explained by the President of the union to the workmen or not and whether the workers voluntarily accepted the
settlement knowing all the "consequences". This to our mind is again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture. It is
not necessary that each individual worker should know the implications of the settlement since a recognised union,
which is expected to protect the legitimate interests of labour, enters into a settlement in the best interests of labour.
This would be the normal rule. We cannot altogether rule out exceptional cases where there may be allegations of
mala fides, fraud or even corruption or other induce- ments. Nothing of that kind has been suggested against the
President of the 3rd Respondent in this case. That being the position, prima facie, this is a settlement in the course of
collective bargaining and, therefore, is entitled to due weight and consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others bad.
Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the other
advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to be
accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before this Court
the 3rd Respondent representing admittedly the large majority of the workmen has stood by this settlement and that is
a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we cannot also be oblivious of the
fact that all workmen of the company have accepted the settlement. Besides, the period of settlement has since expired
and we are informed that the employer and the 3rd Respondent are negotiating another settlement with further
improvements. These factors, apart from what has been stated above, and the need for industrial peace and harmony
when a union backed by a large majority of workmen has accepted a settlement in the course of collective bargaining
have impelled us not to interfere with this settlement. That being the position, we unhold the settlement as fair and just
and order that the award of the Tribunal shall be substituted by the settlement dated October 18, 1973. The said
settlement shall be the substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the period
of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days'
average pay for every completed year of continuous service] or any part thereof in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified
by the appropriate Government by notification in the Official Gazette].
2800
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Compensation to workmen in case of transfer of undertakings.
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,
including service which may be interrupted on account of sickness or authorized leave or an accident or a strike
which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or six
months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the date of
termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the reference of
decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim was
denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year
preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be
regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had
worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)
SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere
non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the
Workman had worked for 240 days as claimed."
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the Workman to
show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In
M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:
"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial
Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn
erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex
Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down the
principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for a fiction
to treat a Workman in continuous service for a period of one year despite the fact that he has not rendered
uninterrupted service for a period of one year but he has rendered period of 240 days during the period of 12
calendar service for months counting backwards and just preceding the relevant date being the date of retrenchment.
In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to determine first the relevant
date, ie the date of termination of service which is complained of as retrenchment. After that date is ascertained. move
backward to a period of 12 months just preceding the date of retrenchment and then ascertain whether within the
period of 12 months, the Workman has rendered service for a period of 240 days. If these three facts are affirmatively
answered in favor of the Workman pursuant to the deeming fiction enacted in clause (2)(a) it will have to be assumed
that the Workman is in continuous service for a period of one year and he will satisfy the eligibility qualification
enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who has
actually worked under the employer for not less than 240 days during a period of twelve months shall be deemed to
have been in continuous service for a period of one year whether or not he has in fact been in such continuous service
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2801
for a period of one year. It is enough that he has worked for 240 days in a period of 12 months, it is not necessary that
he should have been in the service of the employer for one whole year."
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on principle
and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not in employment
for a period of 12 calendar months, but has rendered service for a period of 240 days within the period of 12
calendar months commencing and counting backwards from the relevant date, i.e. the date of retrenchment. If he has,
he would be deemed to be in continuous service for a period of one year for the purpose of section 25B and
Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of proof lies
upon the Workman to show that he has completed 240 days of the service with the Respondent just preceding from
the date of his termination. Further, in respect of the employment of calculating the 240 days service in view of the
contents of Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“I was not sponsored by any employment exchange. I did not undergo regular process of selection required for
appointment as temporary messenger.”
“I did not work for 240 days in any year in my entire service in the bank.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously in any 12
months of a calendar year just preceding from the date of his termination in the Respondent bank. Therefore,
Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240 days
continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of the
Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
2802
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2803
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon‘ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India in
respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular to all of
its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from 1.6.1982 and
appoint only empanelled candidates. The regional office was to prepare a panel of eligible candidates, after calling
names from the local/district employment exchange, and split it up branch-wise. Following that new procedure yearly
panels were prepared thereafter. Names of the Respondents were for the first time included in the panel prepared for
the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the Bank had informed the Respondents that the panel
was valid for one year only and that inclusion of their names in the panel was not to confer on them any right to seek
permanent appointment in the service of the bank. Considering the object with which the panel was prepared and the
fact that it was an yearly panel expiring on 6.2.1988, we are of the opinion that the Respondents did not get any right,
because of inclusion of their names in the said panel, for permanent absorption in the service of the Bank. Whatever
conditional right they had came to an end with the expiry of the panel. The claim of the Respondents, as contained in
the writ petition was thus misconceived and therefore the learned single Judge and the Division Bench, when it first
decided the appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and conditions of the
5th Settlement the contention of the Workman that empanelled list should continue even after 31.3.1997 till the last
Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless in view of recital in
the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I regarding binding
nature of Settlements and terms and conditions enumerated therein, in view of the provision contained u/s.18(1) of the
I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view of terms of settlement
dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till last man absorbed has
no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“ It is true that the panel was prepared basing on number of days of service of the put in by the temporary
employees. It is true that some of the temporary employees whose names were included in the panel were given
appointment on regular basis as per the settlements…. Further witness states, I am not having any documents to
show that any person who had worked for less no. of days was given appointment in the bank.”
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in terms of
various settlements entered into between Staff Federation of State Bank of India and State Bank of India and it was
prepared on the basis of number of days of work put in by the temporary employees. Further, the Workman himself
admitted that some of the temporary employees whose names were included in the panel were given regular
appointment in the bank in order of their seniority in the panel and he is not having any document to show that any
person who worked for less number of days than the Workman was given appointment in the bank. Therefore, the
allegation of the Workman that the regular appointment has been made by the bank from the panel list in breach of
the terms of the settlement and violation of seniority of panel list is not proved by this evidence of WW1. Thus,
there is no evidence on record that bank has given the appointment to the temporary employees as well as daily
wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There is no
evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the seniority.
2804
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from panel list in
order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on 31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to order
regularisation, where such a direction would in the context of public employment offend the provisions contained
in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status of
permanency continues to exist in circumstances where the employer has indulged in an unfair labour practice by not
filling up permanent posts even though such posts are available and by continuing to employ workmen as temporary
or daily wage employees despite their performing the same work as regular workmen on lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years of
service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be open
to workmen who have been deprived of the same benefit at par with the workmen who have been regularised to make
a complaint before the Labour or Industrial Court, since the deprivation of the benefit would amount to a violation of
Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of the
ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them for years,
with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant matter the
Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer has
indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2805
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date of
judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by a
statute and statutory rules. No appointment can be made by a Local Authority without following the provisions of the
recruitment rules. Any appointment made in violation of the said rules as also the constitutional scheme of equality as
contained in Articles 14 and 16 of the Constitution of India would be a nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible, but by
reason thereof an employee cannot claim any right to be permanently absorbed in service or made permanent in
absence of any statute or statutory rules. Merely because an employee has completed 240 days of work in a year
preceding the date of retrenchment, the same would not mean that his services were liable to be regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for absorption merely
on the basis of number of day of work in the Respondent bank Branch is not acceptable. As regard plea of the
Workman that the Workman should have been given employment even after 31.3.1997 as temporary Workman, it is
the discretion of Respondent to engage the Workman depending upon availability of work and this Tribunal can not
direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme Court and
few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme Court have
held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Article
14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered discretion in public law:
A public authority possesses powers only to use them for public good. This impose the duty to act fairly and to adopt
a procedure which is `fairplay in action'. Due observance of this obligation as a part of good administration raises a
reasonable or legitimate expectation in every citizen to be treated fairly in his interaction with the State and its
instrumentalities, with this element forming a necessary component of the decision making process in all State
actions. To satisfy this requirement of non- arbitrariness in a State action, it is, therefore, necessary to consider and
give due weight to the reasonable or legitimate expectations of the persons likely lo be affected by the decision or else
that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona
fides of the decision in a given case. The decision so made would be exposed to challenge on the ground of
arbitrariness. Rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but
providers for control of its exercise by judicial review.”
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP No.193/1997,
therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it was a
permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services were not
liable to be terminated and he was to be regularised into service on permanent basis. Shastry award warrants that no
temporary appointment can be made to a permanent post. But the matter is now covered by two division bench
judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of 1982. The ratio decided in the
two judgements is to the effect that there cannot be any mandate to appoint employees on permanent basis when the
requirement was for appointment on temporary basis. But it is held in the said judgements that when a temporary
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[PART II—SEC. 3(ii)]
appointee is ousted from service and not for misconduct and, if again temporary appointment is to be made, then, the
case of such temporary appointee who was ousted, has got to be considered in accordance with Sec. 25-H of the
Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein Hon‘ble
Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities must
consider his case for regularization provided he is eligible and qualified according to the rules and his service record
is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to instant case
of Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it
was decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists
concurrently. A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another
settlement was entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies
arising up to December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so
prepared were to be considered against vacancies arising from January 1995 to December 1996, thereafter the said
panels lapse. MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including
part time attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-
messengerial positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled
before the empanelled list is allowed to lapse. Thus in both the cases empanelled list were lapsed on 1.4.1997.
Ex.M6 is the copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of
understanding was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned
will lapse on 31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the
statements giving the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non-
messenger panel, Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included
in the 1989 panel. As the existing vacancies at that time were exhausted and his turn did not come he could not be
given permanent employment in the bank as per the agreements. All the appointments were made strictly in
accordance with the settlements reached from time to time between SBI and SBI staff federation and as per seniority,
number of days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner
was not sponsored by any employment exchange he did not undergo the regular process of selection required for
appointment as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary
service in the bank. The petitioner and other temporary employees were terminated from service by the bank.
Further, MW1 states that the vacancies were filled up on regular basis with the temporary employees from the panels
and these panels were expired in terms of the settlements so reached and there were no vacancies to absorb such
employees. Thus, witness MW1 has proved the documents Ex.M1 to Ex.M12 and also contentions made in the
counter. However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such but their services were not utilized after the cut off date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontraverted, the claim of the Workman that he was entitled for
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No.IV:- In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2807
AWARD
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri M. Ramulu, Ex. Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the Petitioner
is not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence, dismissed.
Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. P. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 24th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri M. Ramulu
MW1: Sri Aluru Rama Rao
Documents marked for the Petitioner
Ex.W1: Photocopy of Caste Certificate
Ex.W2: Photocopy of Employment Card .
Ex.W3: Photocopy of Memo of marks
Ex.W4: Photocopy of Transfer Certificate.
Ex.W5: Photocopy of Service certificate dated 28.08.1991
Ex.W6: Photocopy of letter calling the Petitioner for interview
Ex.W7: Photocopy of orders dated 22.01.1993.
Ex.W8: Photocopy of Service Certificate dated 23.05.1997.
Documents marked for the Respondent
Ex.M1: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.17.11.87
Ex.M2: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.16.7.88
Ex.M3: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.9.1.1991
Ex.M5: Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
Ex.M7: Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8: Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9: Photocopy of statement of 1989 Non-messenger panel
Ex.M10: Photocopy of statement of 1992 panel
Ex.M11: Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12: Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 576.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky;
ds iapkV (a125/2001) izdkf”kr djrh gSA
[सं. एल-12012/350/2000-आईआर (बी-I)]
सलोनी, उृ जनदेिक
2808
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
New Delhi, the 1st April, 2026
S.O. 576.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.125/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/350/2000- IR (B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR
Presiding Officer
Dated the 26th day of February, 2026
INDUSTRIAL DISPUTE No. 125/2001
Between:
Sri J. Ailaiah,
S/o Rajaiah,
R/o Dammakapally(V),
(R&M) Kondapalle,
Medak Distt -502372.
… Petitioner
And
The Assistant General Manager,
(Personnel & HRD Deptt.
State Bank of India,
Local Head Office,
Bank street Koti,
Hyderabad-500095.
….. Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/350/2000-IR(B.I) dated
27.04.2001 referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 requiring this forum to decide
the question:
SCHEDULE
―Whether the action of the management of State Bank of India, Local Head office, Hyderabad in terminating
the services of Sri J. Ailaiah, Temporary/Non-Messenger, SBI w.e.f. 31.3.1997 is justified? If not, what
relief applicant is entitled for?‖
After receipt of the reference, it was numbered as ID No. 125/2001 and notices were issued to both the Workman and
the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favour of
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2809
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the
aggrieved Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble
High Court of Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ
petitions and set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases
by Central Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State
Bank of India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to
their termination and further directed to consider their cases for regularization as and when the substantive vacancy
arises. This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch
petitions was challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of
2014. The aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High
Court of Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal
was pleased to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal, the
proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than one. Firstly,
in such matters, claims have to be decided on individual basis, as different persons have different claims as to the
length of officiation or discharge of duties and functions; quality of engagement, drawings, accounting of the post for
each one of them, who have worked etc. AIl these issues will not be the same in all the cases. Therefore, each case
ought to have been directed to be decided by the Tribunal afresh on individual basis. The second and most important
aspect is the learned single Judge has in one go ordered re-employment of all the workmen. This is not a relief that
could have been granted without answering the individual issues; each issue relating to each case could not have
been decided by the writ Court within the format of its adjudication procedures and scope. The adjudicating body,
which has to do that activity, is the Industrial Tribunal. Therefore, we are of the view that while we would sustain the
order of the learned singe Judge insofar as it interfered and sets aside the award of the Tribunal, the further findings
and directions, issued through the impugned order have to go and the individual cases have to be sent back for
consideration of the Tribunal. Such further procedure before the Tribunal will have to be carried forward with the
materials already on record and also by affording an opportunity to the persons, who have claims as well as the
management to place their rival contentions and further material before the Tribunal. The learned counsel appearing
for the workmen are justified in pointing out that enormous delay has already happened and further action by the
Tribunal in this line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common award
dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an outer limit
of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014 and batch
cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in view of the
aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement dated
20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that,
the he joined the service of the Respondent Bank as Messenger on 1986 to 1997 and rendered unblemished service
spreading over a period of about 4 years. Further, it is submitted that the management of Respondent bank decided
to give a chance to temporarily employed personnel ―found suitable for permanent appointment‖ by wait- listing them
by offering permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were
listed. That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have
completed 270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed
minimum of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate
temporary service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid upto December, 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
2810
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May, 1989 was
held. A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to
be valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the
years 1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the
panel, eligible temporary employees who have been empanelled could not appear in the earlier interviews and have
been pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st
settlement (Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd
settlement (Ex M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement
(Ex M6). In between there is minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all
these settlements which were extended by subsequent settlements thereby created reasonable expectations in the
list of the selected candidates arose with that it‘s a question of time their appointments or services would be
regularized in the services of the bank. The Workman was working with the bank on temporary basis was under
the bonafide hope that sooner his services will be regularized with the bank. He is thereby closed all his options
elsewhere. It is needless to point out that employing person to whom hope of employment in substantial terms was
made is a facet of Article 21 of the Constitution of India.
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P.. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The Hon‘ble High
Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on the basis of a
settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel was valid
upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2811
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees where in they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
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[PART II—SEC. 3(ii)]
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without
jurisdiction and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of
Understanding dated 27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is
not published anywhere to brought to the notice of the Workman whose rights are being affected. It is submitted that
Management did not adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90
in the year 1995. The same was not followed in the year 1997 despite there being vacancies.
The
management has followed the procedure of calling candidates through Employment exchange instead of giving
chance to the empanelled candidates like the Workman here. It is pertinent to mention here that the Respondent
Management sent letters to the all similarly situated candidates like the Workman in the month of June, 1997,
subsequent to the passing of impugned termination orders. After knowing the facts that the candidates are litigating,
the Management refused to engage these candidates. It is once again reiterated that the panels are meant for
absorption but not for termination. It was the duty of the Management to engage the empanelled candidates like the
Workman even in temporary vacancies till they are absorbed permanently in regular vacancies. Hence, the action of
the Respondent Management terminating the services of the Workman by oral order dated 31.3.97 is unjust, illegal,
violative of principles of natural justice and hence, the Management be directed to reinstate and absorb the Workman
and to grant all incidental and consequential benefits.
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2813
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
2814
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[PART II—SEC. 3(ii)]
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex.W1 to W7. Further, the Workman has filed photocopies of documents in support of
his claim which are discussed as under:-
Ex.W1 is the Notification Further Ex.W2 is the interview call letter. Ex.W3 is the Service Certificate for 98 days.
Ex.W4 is the Service Certificate dated 29.06.1996. Ex.W5 is the Service Certificate dated 27.05.1996. Ex. W6 is the
letter to Employment exchange by Respondent Ex. W7 is the circular letter inspection and Audit report dt.14.7.99
21.
On the other hand, Respondent has examined witness MW1 Sri Aluru Rama Rao and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Messengerial Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 General Attendant Panel. Ex.M11 is the Judgment of
Hon‘ble High Court of A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme
Court of India in SLP No. 11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, Local Head office, Hyderabad branch in terminating the
services of Workman Sri J. Ailaiah, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
Findings:-
25.
Point No.I:-Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding
where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof
has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2815
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in the
aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued that
the Workman after going through the selection procedure has successfully been listed in the panel for appointment on
the permanent basis in the Respondent management and the empanelled list has to be valid till last person in the
empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and 31.3.97, has been
issued by Respondent management thereby the services of the Workman has been terminated and the said order is not
in consonance of the terms of the agreement entered into between the parties. Further, Workman submits that the
Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list which is illegal and
that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97 incorporated in the
aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been decided
by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide letter dated
25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial category
from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of settlements
entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by Respondent
Management is also direction to Branch Manager, State Bank of India not to make any temporary messengerial
category appointment with effect from 1.4.1997 and it has also been communicated to all concerned that the panels
of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997. Further, office
order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said office order has
been issued to this effect that, ―Consequent on absorption of temporary employees in permanent cadre, it has been
decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh..... 1990 II LLJ
510 AP para 414, Hon‘ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial Disputes
Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years. The settlement
was to be in force upto 30th June 1986 and the next settlement, incorporating practically the same terms, was again
entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act. There is no dispute that these
settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It can
only decide in the first appeal whether a termination by the management is valid or not and is within the parameters
of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide whether a settlement
entered into under Section 18(1) of the Industrial Disputes Act between the representatives of the Workmen and of the
Management, is vitiated by undue influence or misrepresentation or coercion on the part of the Management. The
Authority, namely, the Assistant Commissioner of Labour, was never intended by the A.P. Legislature to have
jurisdiction to go into the question of the validity of a settlement arrived at under Section 18 of the Industrial Disputes
Act by an Industrial Court. That Parliament has, in fact, constituted Industrial Courts under the Industrial Disputes
Act, with extensive powers cannot be disputed. What we mean to say is that the Authority under Section 41(1) of the
A.P. Act has no jurisdiction what-so-ever either to question or to decide about the validity of any such settlements. If
parties to a settlement have a grievance about the validity of a settlement, it is for them to agitate the matter before
the appropriate forum and they cannot ask an Authority constituted under Section 41(1) of the A.P. Shops and
Establishments Act, 1966 with limited jurisdiction, to go into any such question and, that too, incidentally while
deciding whether retirement as per the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or misrepresentation or
coercion on the part of the management. If the Workman feeling aggrieved by any terms of settlement/ agreement on
the aforementioned grounds then he can challenge of settlement before a competent authority under the Act, 1947.
But here in the instant matter it is not a case of Workman that aforementioned settlement has been entered into
2816
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
between the parties on the ground of undue influence or misrepresentation or coercion. Therefore, Workman is barred
to raise any objection in respect of fixing the date of lapse of both panels on 31.3.1997 as agreed between both the
parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR 322,
Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a finding
at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other hand, we feel
that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner. The Tribunal is,
rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement was binding on the
company and the members of the 3rd Respondent union. Even so, the Tribunal devoted nearly half of its order in
scanning the evidence given by the company and Respondent No. 3 to find out whether the terms of the settlement had
been explained by the President of the union to the workmen or not and whether the workers voluntarily accepted the
settlement knowing all the "consequences". This to our mind is again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture. It is
not necessary that each individual worker should know the implications of the settlement since a recognised union,
which is expected to protect the legitimate interests of labour, enters into a settlement in the best interests of labour.
This would be the normal rule. We cannot altogether rule out exceptional cases where there may be allegations of
mala fides, fraud or even corruption or other induce- ments. Nothing of that kind has been suggested against the
President of the 3rd Respondent in this case. That being the position, prima facie, this is a settlement in the course of
collective bargaining and, therefore, is entitled to due weight and consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others bad.
Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the other
advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to be
accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before this Court
the 3rd Respondent representing admittedly the large majority of the workmen has stood by this settlement and that is
a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we cannot also be oblivious of the
fact that all workmen of the company have accepted the settlement. Besides, the period of settlement has since expired
and we are informed that the employer and the 3rd Respondent are negotiating another settlement with further
improvements. These factors, apart from what has been stated above, and the need for industrial peace and harmony
when a union backed by a large majority of workmen has accepted a settlement in the course of collective bargaining
have impelled us not to interfere with this settlement. That being the position, we unhold the settlement as fair and just
and order that the award of the Tribunal shall be substituted by the settlement dated October 18, 1973. The said
settlement shall be the substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2817
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the period
of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days'
average pay for every completed year of continuous service] or any part thereof in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified
by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,
including service which may be interrupted on account of sickness or authorized leave or an accident or a strike
which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or six
months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the date of
termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the reference of
decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim was
denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year
preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be
regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had
worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)
SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere
non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the
Workman had worked for 240 days as claimed."
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the Workman to
show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In
M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:
"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial
Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn
erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex
Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down the
principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for a fiction
to treat a Workman in continuous service for a period of one year despite the fact that he has not rendered
uninterrupted service for a period of one year but he has rendered period of 240 days during the period of 12
calendar service for months counting backwards and just preceding the relevant date being the date of retrenchment.
In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to determine first the relevant
date, ie the date of termination of service which is complained of as retrenchment. After that date is ascertained. move
backward to a period of 12 months just preceding the date of retrenchment and then ascertain whether within the
period of 12 months, the Workman has rendered service for a period of 240 days. If these three facts are affirmatively
answered in favor of the Workman pursuant to the deeming fiction enacted in clause (2)(a) it will have to be assumed
2818
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[PART II—SEC. 3(ii)]
that the Workman is in continuous service for a period of one year and he will satisfy the eligibility qualification
enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who has
actually worked under the employer for not less than 240 days during a period of twelve months shall be deemed to
have been in continuous service for a period of one year whether or not he has in fact been in such continuous service
for a period of one year. It is enough that he has worked for 240 days in a period of 12 months, it is not necessary that
he should have been in the service of the employer for one whole year."
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on principle
and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not in employment
for a period of 12 calendar months, but has rendered service for a period of 240 days within the period of 12
calendar months commencing and counting backwards from the relevant date, i.e. the date of retrenchment. If he has,
he would be deemed to be in continuous service for a period of one year for the purpose of section 25B and
Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of proof lies
upon the Workman to show that he has completed 240 days of the service with the Respondent just preceding from
the date of his termination. Further, in respect of the employment of calculating the 240 days service provision
contained under Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“I was not sponsored by any employment exchange for the engagement as a temporary non-messenger in the bank.
…… further witness states, “I did not undergo any kind of selection process before my engagement as a temporary
messenger..”
“I did not work for 240 days in any calendar year in the bank.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously in any 12
months of a calendar year just preceding from the date of his termination in the Respondent bank. Therefore,
Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240 days
continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of the
Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2819
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
2820
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[PART II—SEC. 3(ii)]
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon‘ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India in
respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular to all of
its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from 1.6.1982 and
appoint only empanelled candidates. The regional office was to prepare a panel of eligible candidates, after calling
names from the local/district employment exchange, and split it up branch-wise. Following that new procedure yearly
panels were prepared thereafter. Names of the Respondents were for the first time included in the panel prepared for
the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the Bank had informed the Respondents that the panel
was valid for one year only and that inclusion of their names in the panel was not to confer on them any right to seek
permanent appointment in the service of the bank. Considering the object with which the panel was prepared and the
fact that it was an yearly panel expiring on 6.2.1988, we are of the opinion that the Respondents did not get any right,
because of inclusion of their names in the said panel, for permanent absorption in the service of the Bank. Whatever
conditional right they had came to an end with the expiry of the panel. The claim of the Respondents, as contained in
the writ petition was thus misconceived and therefore the learned single Judge and the Division Bench, when it first
decided the appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and conditions of the
5th Settlement the contention of the Workman that empanelled list should continue even after 31.3.1997 till the last
Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless in view of recital in
the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I regarding binding
nature of Settlements and terms and conditions enumerated therein, in view of the provision contained u/s.18(1) of the
I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view of terms of settlement
dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till last man absorbed has
no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“I applied in response to the notification issued by the bank as per the settlements entered into by the union with the
bank…. Further, witness states, the vacancies of messengers were filled up with the temporary messengers whose
names were kept in the panel…. Further witness states, I am not having any document to show that any person
having less no. of days of service than me was given appointment on regular basis in the bank.”
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2821
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in terms of
various settlements entered into between Staff Federation of State Bank of India and State Bank of India and it was
prepared on the basis of number of days of work put in by the temporary employees. Further, the Workman himself
admitted that some of the temporary employees whose names were included in the panel were given regular
appointment in the bank in order of their seniority in the panel and he is not having any document to show that any
person who worked for less number of days than the Workman was given appointment in the bank. Therefore, the
allegation of the Workman that the regular appointment has been made by the bank from the panel list in breach of
the terms of the settlement and violation of seniority of panel list is not proved by this evidence of WW1. Thus,
there is no evidence on record that bank has given the appointment to the temporary employees as well as daily
wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There is no
evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the seniority.
Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from panel list in
order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on 31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to order
regularisation, where such a direction would in the context of public employment offend the provisions contained
in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status of
permanency continues to exist in circumstances where the employer has indulged in an unfair labour practice by not
filling up permanent posts even though such posts are available and by continuing to employ workmen as temporary
or daily wage employees despite their performing the same work as regular workmen on lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years of
service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be open
to workmen who have been deprived of the same benefit at par with the workmen who have been regularised to make
a complaint before the Labour or Industrial Court, since the deprivation of the benefit would amount to a violation of
Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of the
ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them for years,
with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant matter the
Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer has
indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
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[PART II—SEC. 3(ii)]
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date of
judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by a
statute and statutory rules. No appointment can be made by a Local Authority without following the provisions of the
recruitment rules. Any appointment made in violation of the said rules as also the constitutional scheme of equality as
contained in Articles 14 and 16 of the Constitution of India would be a nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible, but by
reason thereof an employee cannot claim any right to be permanently absorbed in service or made permanent in
absence of any statute or statutory rules. Merely because an employee has completed 240 days of work in a year
preceding the date of retrenchment, the same would not mean that his services were liable to be regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for absorption merely
on the basis of number of day of work in the Respondent bank Branch is not acceptable. As regard plea of the
Workman that the Workman should have been given employment even after 31.3.1997 as temporary Workman, it is
the discretion of Respondent to engage the Workman depending upon availability of work and this Tribunal can not
direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme Court and
few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme Court have
held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Article
14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered discretion in public law:
A public authority possesses powers only to use them for public good. This impose the duty to act fairly and to adopt
a procedure which is `fairplay in action'. Due observance of this obligation as a part of good administration raises a
reasonable or legitimate expectation in every citizen to be treated fairly in his interaction with the State and its
instrumentalities, with this element forming a necessary component of the decision making process in all State
actions. To satisfy this requirement of non- arbitrariness in a State action, it is, therefore, necessary to consider and
give due weight to the reasonable or legitimate expectations of the persons likely lo be affected by the decision or else
that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona
fides of the decision in a given case. The decision so made would be exposed to challenge on the ground of
arbitrariness. Rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but
providers for control of its exercise by judicial review.”
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2823
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP No.193/1997,
therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it was a
permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services were not
liable to be terminated and he was to be regularised into service on permanent basis. Shastry award warrants that no
temporary appointment can be made to a permanent post. But the matter is now covered by two division bench
judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of 1982. The ratio decided in the
two judgements is to the effect that there cannot be any mandate to appoint employees on permanent basis when the
requirement was for appointment on temporary basis. But it is held in the said judgements that when a temporary
appointee is ousted from service and not for misconduct and, if again temporary appointment is to be made, then, the
case of such temporary appointee who was ousted, has got to be considered in accordance with Sec. 25-H of
the Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein Hon‘ble
Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities must
consider his case for regularization provided he is eligible and qualified according to the rules and his service record
is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to instant case
of Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it
was decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists
concurrently. A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another
settlement was entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies
arising up to December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so
prepared were to be considered against vacancies arising from January 1995 to December 1996, thereafter the said
panels lapse. MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including
part time attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-
messengerial positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled
before the empanelled list is allowed to lapse. Thus in both the cases empanelled list were lapsed on 1.4.1997.
Ex.M6 is the copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of
understanding was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned
will lapse on 31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the
statements giving the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non-
messenger panel, Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included
in the 1989 panel. As the existing vacancies at that time were exhausted and his turn did not come he could not be
given permanent employment in the bank as per the agreements. All the appointments were made strictly in
accordance with the settlements reached from time to time between SBI and SBI staff federation and as per seniority,
number of days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner
was not sponsored by any employment exchange he did not undergo the regular process of selection required for
appointment as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary
service in the bank. The petitioner and other temporary employees were terminated from service by the bank.
Further, MW1 states that the vacancies were filled up on regular basis with the temporary employees from the panels
and these panels were expired in terms of the settlements so reached and there were no vacancies to absorb such
employees. Thus, witness MW1 has proved the documents Ex.M1 to Ex.M12 and also contentions made in the
counter. However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such but their services were not utilized after the cut off date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontroverted, the claim of the Workman that he was entitled for
2824
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No.IV:- In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
AWARD
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri J. Ailaiah, Ex. Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the Petitioner is
not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence, dismissed.
Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 26th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri J. Ailaiah
MW1: Sri Aluru Rama Rao
Documents marked for the Petitioner
Ex.W1: Photocopy of Notification
Ex.W2: Photocopy of interview call letter
Ex.W3: Photocopy of Service Certificate
Ex.W4: Photocopy of Service Certificate 29.06.1996
Ex.W5: Photocopy of Service Certificate 27.05.1996
Ex.W6: Photocopy of lr. to Employment exchange by Respondent
Ex.W7: Photocopy of circular letter /inspection and Audit report
Documents marked for the Respondent
Ex.M1: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.17.11.87
Ex.M2: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.16.7.88
Ex.M3: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.9.1.1991
Ex.M5: Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
Ex.M7: Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8: Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9: Photocopy of statement of 1989 Non-messenger panel
Ex.M10: Photocopy of statement of 1992 panel
Ex.M11: Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12: Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2825
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 577.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky;
ds iapkV (a112/2001) izdkf”kr djrh gSA
[सं. एल- 12012/498/2000-आईआर (बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 1st April, 2026
S.O. 577.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.112/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/498/2000- IR (B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR
Presiding Officer
Dated the 24th day of February, 2026
INDUSTRIAL DISPUTE No. 112/2001
Between:
Sri K. John Babu,
S/o Jeeva Ratnam,
R/o. Kuchinapudi post,
Nizampatnam mandal Post,
Nizampatnam(M)
District Guntur-522 262.
… Petitioner
And
The Assistant General Manager,
State Bank of India,
Zonal Office, Region-II, Labbipeta,
Vijayawada-520 001.
…..Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/498/2000-IR (B.I) dated
17.07.2001 referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 to this Tribunal requiring this
forum to decide the question:
SCHEDULE
―Whether the action of the management of State Bank of India, Vijayawada Zone in dismissing the services
of Sri K. John Babu, Ex-Messenger is justified? If not, what relief the workman is entitled?‖
After receipt of the reference, it was numbered as ID No. 112/2001 and notices were issued to both the Workman and
the management.
2826
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
2.
The perusal of the claim statement filed by the Petitioner as well as the counter of the Respondent goes to
reveal that this matter pertains to the termination of the Petitioner from service by the Respondent. The Appropriate
government has not referred any industrial dispute to this Tribunal for adjudication in respect of termination of
Petitioner.
Section 10 (4) provides:-
―10(4):-Where in an order referring an industrial dispute to [a Labour Court, Tribunal or National Tribunal] under
this section or in a subsequent order, the appropriate Government has specified the points of dispute for adjudication,
[the Labour Court or the Tribunal or the National Tribunal, as the case may be,] shall confine its adjudication to
those points and matters incidental thereto.”
Thus, in view of the above provision the Industrial Tribunal cannot decide a dispute not explicitly referred to it by the
appropriate Government as it‘s jurisdiction under Section 10 (4) of ID Act, 1947 is confined to the specific point of
dispute mentioned in the reference order and matter incidental there to. If the reference is for dismissal but the matter
pertains to the termination, the Tribunal must strictly stick to the referred terms.
3.
Therefore, in view of the provision contained under Section 10(4) of the I.D.Act, 1947, there is no reference
of the industrial dispute regarding termination of the Petitioner for adjudication before this Tribunal. The reference of
dispute herein pertain to the dismissal of the Petitioner from service. Therefore, this Tribunal cannot adjudicate the
dispute in the absence of reference of termination by retrenchment of Petitioner.
4.
Even otherwise, Petitioner workman has failed to substantiate his claim of 240 days of continuous service
in a calendar year just preceding from the date of his termination by any evidence in terms of mandate of Sec.25F of
I.D.Act, 1947. Therefore, the claim of the Petitioner that he has been terminated illegally is not tenable and he is
not entitled to any relief as claimed in the claim statement. Thus, Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant transcribed by her, corrected and signed
by me on this the 24th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 578.—औद्योजगक fookn vf/kfu;e 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjkas ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky;
ds iapkV (a127/2001) izdkf”kr djrh gSA
[सं. एल 12012/352/2000-आईआर (बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 1st April, 2026
S.O. 578.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 127/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/352/2000- IR (B-I)]
SALONI, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2827
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR
Presiding Officer
Dated the 26th day of February, 2026
INDUSTRIAL DISPUTE No. 127/2001
Between:
Sri E. Balaswamy,
R/o Ipala Gudem (P),
Pamula Parthi(M),
Wangal,
Medak Distt -502279.
… Petitioner
And
The Assistant General Manager,
(Personnel & HRD Deptt.)
State Bank of India,
Local Head Office,
Bank street Koti,
Hyderabad-500095.
….. Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/352/2000-IR(B.I) dated
27.04.2001 referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 requiring this forum to decide
the question:
SCHEDULE
―Whether the action of the management of State Bank of India, Local Head office, Hyderabad in terminating
the services of Sri E. Balaswamy, Temporary/Non-Messenger, SBI w.e.f. 31.3.1997 is justified? If not, what
relief the applicant is entitled for?‖
After receipt of the reference, it was numbered as ID No. 127/2001 and notices were issued to both the Workman and
the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favour of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the aggrieved
Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble High Court of
Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ petitions and
set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases by Central
Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State Bank of
India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to their
termination and further directed to consider their cases for regularization as and when the substantive vacancy arises.
This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch petitions was
challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of 2014. The
aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High Court of
2828
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal was
pleased to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal, the
proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than one. Firstly,
in such matters, claims have to be decided on individual basis, as different persons have different claims as to the
length of officiation or discharge of duties and functions; quality of engagement, drawings, accounting of the post for
each one of them, who have worked etc. AIl these issues will not be the same in all the cases. Therefore, each case
ought to have been directed to be decided by the Tribunal afresh on individual basis. The second and most important
aspect is the learned single Judge has in one go ordered re-employment of all the workmen. This is not a relief that
could have been granted without answering the individual issues; each issue relating to each case could not have
been decided by the writ Court within the format of its adjudication procedures and scope. The adjudicating body,
which has to do that activity, is the Industrial Tribunal. Therefore, we are of the view that while we would sustain the
order of the learned singe Judge insofar as it interfered and sets aside the award of the Tribunal, the further findings
and directions, issued through the impugned order have to go and the individual cases have to be sent back for
consideration of the Tribunal. Such further procedure before the Tribunal will have to be carried forward with the
materials already on record and also by affording an opportunity to the persons, who have claims as well as the
management to place their rival contentions and further material before the Tribunal. The learned counsel appearing
for the workmen are justified in pointing out that enormous delay has already happened and further action by the
Tribunal in this line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common award
dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an outer limit
of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014 and batch
cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in view of the
aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement
dated 20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that,
the he joined the service of the Respondent Bank at Wargal branch, Medak District on 20.07.1987 and worked upto
13.10.1987 for 85 days as a Sweeper-cum-Water Boy. Thereafter on 4.07.1989 he was called for an interview for
recruitment at the Hotel Siddarth, Hyderabad. He submit that he worked in the second spell at Local Head Office
Branch, Hyderabad on 18.03.1991 to 28.09.1991 for 195 days as a Temporary Messenger. Later he worked at Kandi
Branch, Medak District during April, 1992 to July, 1992 for 100 days as a messenger. Later he worked again at
Wargal Branch Medak District on 1.08.1992 to 30.09.1992 for 61 days same branch in the same capacity during
21.07.1994 to 31.05.1995 for 144 days. He submit that his last drawn was Rs.1800/- per month on full time basis
approximately. Further, it is submitted that the management of Respondent bank decided to give a chance to
temporarily employed personnel ―found suitable for permanent appointment‖ by wait- listing them by offering
permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were
listed. That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have
completed 270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed
minimum of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate
temporary service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid upto December, 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May, 1989 was
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2829
held. A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to
be valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the
years 1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the
panel, eligible temporary employees who have been empanelled could not appear in the earlier interviews and have
been pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st
settlement (Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd
settlement (Ex M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement
(Ex M6). In between there is minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all
these settlements which were extended by subsequent settlements thereby created reasonable expectations in the
list of the selected candidates arose with that it‘s a question of time their appointments or services would be
regularized in the services of the bank. The Workman was working with the bank on temporary basis was under
the bonafide hope that sooner his services will be regularized with the bank. He is thereby closed all his options
elsewhere. It is needless to point out that employing person to whom hope of employment in substantial terms was
made is a facet of Article 21 of the Constitution of India.
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P.. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The Hon‘ble High
Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on the basis of a
settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel was valid
upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
2830
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees where in they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2831
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without
jurisdiction and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of
Understanding dated 27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is
not published anywhere to brought to the notice of the Workman whose rights are being affected. It is submitted that
Management did not adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90
in the year 1995. The same was not followed in the year 1997 despite there being vacancies.
The
management has followed the procedure of calling candidates through Employment exchange instead of giving
chance to the empanelled candidates like the Workman here. It is pertinent to mention here that the Respondent
Management sent letters to the all similarly situated candidates like the Workman in the month of June, 1997,
subsequent to the passing of impugned termination orders. After knowing the facts that the candidates are litigating,
the Management refused to engage these candidates. It is once again reiterated that the panels are meant for
absorption but not for termination. It was the duty of the Management to engage the empanelled candidates like the
Workman even in temporary vacancies till they are absorbed permanently in regular vacancies. Hence, the action of
the Respondent Management terminating the services of the Workman by oral order dated 31.3.97 is unjust, illegal,
violative of principles of natural justice and hence, the Management be directed to reinstate and absorb the Workman
and to grant all incidental and consequential benefits.
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
2832
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[PART II—SEC. 3(ii)]
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2833
WP No. 9206/97 is of no consequences as the same has already been set aside. The observations made in the
Judgements cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not
come into play. Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various
Hon'ble High Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex.W1 to W14. Further, the Workman has filed photocopies of documents in support
of his claim which are discussed as under:-
Ex.W1 is the School certificate Further Ex.W2 is the Memorandum of Marks. Ex.W3 is the Caste certificate.
Ex.W4 is the Employment card. Ex.W5 is the Service Certificate. Ex. W6 is the Service Certificate. Ex. W7 is the
Call letter for interview. Ex. W8 is the Service Certificate dated 28.07.1992. Ex.W9 is the Service Certificate dated
30.07.1992. Ex. W10 is the Service Certificate dated 30.07.1992. Ex. W11 is Service Certificate dated 19.01.1998.
Ex. W12 is the notice for conciliation. Ex. W13 is the minutes of the meeting. Ex. W14 is the failure Report to
government.
21.
On the other hand, Respondent has examined witness MW1 Sri Aluru Rama Rao and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Messengerial Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 General Attendant Panel. Ex.M11 is the Judgment of
Hon‘ble High Court of A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme
Court of India in SLP No. 11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, Local Head office, Hyderabad branch in terminating the
services of Workman Sri E. Balaswamy, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
Findings:-
25.
Point No.I:-Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding
where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof
has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in the
aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued that
the Workman after going through the selection procedure has successfully been listed in the panel for appointment on
the permanent basis in the Respondent management and the empanelled list has to be valid till last person in the
empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and 31.3.97, has been
issued by Respondent management thereby the services of the Workman has been terminated and the said order is not
in consonance of the terms of the agreement entered into between the parties. Further, Workman submits that the
Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list which is illegal and
that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97 incorporated in the
aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been decided
by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide letter dated
25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial category
from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of settlements
entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by Respondent
Management is also direction to Branch Manager, State Bank of India not to make any temporary messengerial
category appointment with effect from 1.4.1997 and it has also been communicated to all concerned that the panels
of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997. Further, office
order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said office order has
been issued to this effect that, ―Consequent on absorption of temporary employees in permanent cadre, it has been
decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh..... 1990 II LLJ
510 AP para 414, Hon‘ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial Disputes
Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years. The settlement
was to be in force upto 30th June 1986 and the next settlement, incorporating practically the same terms, was again
entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act. There is no dispute that these
settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It can
only decide in the first appeal whether a termination by the management is valid or not and is within the parameters
of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide whether a settlement
entered into under Section 18(1) of the Industrial Disputes Act between the representatives of the Workmen and of the
Management, is vitiated by undue influence or misrepresentation or coercion on the part of the Management. The
Authority, namely, the Assistant Commissioner of Labour, was never intended by the A.P. Legislature to have
jurisdiction to go into the question of the validity of a settlement arrived at under Section 18 of the Industrial Disputes
Act by an Industrial Court. That Parliament has, in fact, constituted Industrial Courts under the Industrial Disputes
Act, with extensive powers cannot be disputed. What we mean to say is that the Authority under Section 41(1) of the
A.P. Act has no jurisdiction what-so-ever either to question or to decide about the validity of any such settlements. If
parties to a settlement have a grievance about the validity of a settlement, it is for them to agitate the matter before
the appropriate forum and they cannot ask an Authority constituted under Section 41(1) of the A.P. Shops and
Establishments Act, 1966 with limited jurisdiction, to go into any such question and, that too, incidentally while
deciding whether retirement as per the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or misrepresentation or
coercion on the part of the management. If the Workman feeling aggrieved by any terms of settlement/ agreement on
the aforementioned grounds then he can challenge of settlement before a competent authority under the Act, 1947.
But here in the instant matter it is not a case of Workman that aforementioned settlement has been entered into
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2835
between the parties on the ground of undue influence or misrepresentation or coercion. Therefore, Workman is barred
to raise any objection in respect of fixing the date of lapse of both panels on 31.3.1997 as agreed between both the
parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR 322,
Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a finding
at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other hand, we feel
that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner. The Tribunal is,
rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement was binding on the
company and the members of the 3rd Respondent union. Even so, the Tribunal devoted nearly half of its order in
scanning the evidence given by the company and Respondent No. 3 to find out whether the terms of the settlement had
been explained by the President of the union to the workmen or not and whether the workers voluntarily accepted the
settlement knowing all the "consequences". This to our mind is again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture. It is
not necessary that each individual worker should know the implications of the settlement since a recognised union,
which is expected to protect the legitimate interests of labour, enters into a settlement in the best interests of labour.
This would be the normal rule. We cannot altogether rule out exceptional cases where there may be allegations of
mala fides, fraud or even corruption or other induce- ments. Nothing of that kind has been suggested against the
President of the 3rd Respondent in this case. That being the position, prima facie, this is a settlement in the course of
collective bargaining and, therefore, is entitled to due weight and consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others bad.
Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the other
advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to be
accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before this Court
the 3rd Respondent representing admittedly the large majority of the workmen has stood by this settlement and that is
a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we cannot also be oblivious of the
fact that all workmen of the company have accepted the settlement. Besides, the period of settlement has since expired
and we are informed that the employer and the 3rd Respondent are negotiating another settlement with further
improvements. These factors, apart from what has been stated above, and the need for industrial peace and harmony
when a union backed by a large majority of workmen has accepted a settlement in the course of collective bargaining
have impelled us not to interfere with this settlement. That being the position, we unhold the settlement as fair and just
and order that the award of the Tribunal shall be substituted by the settlement dated October 18, 1973. The said
settlement shall be the substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
2836
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the period
of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days'
average pay for every completed year of continuous service] or any part thereof in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified
by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,
including service which may be interrupted on account of sickness or authorized leave or an accident or a strike
which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or six
months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the date of
termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the reference of
decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim was
denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year
preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be
regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had
worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)
SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere
non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the
Workman had worked for 240 days as claimed."
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the Workman to
show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In
M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:
"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial
Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn
erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex
Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down the
principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for a fiction
to treat a Workman in continuous service for a period of one year despite the fact that he has not rendered
uninterrupted service for a period of one year but he has rendered period of 240 days during the period of 12
calendar service for months counting backwards and just preceding the relevant date being the date of retrenchment.
In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to determine first the relevant
date, ie the date of termination of service which is complained of as retrenchment. After that date is ascertained. move
backward to a period of 12 months just preceding the date of retrenchment and then ascertain whether within the
period of 12 months, the Workman has rendered service for a period of 240 days. If these three facts are affirmatively
answered in favor of the Workman pursuant to the deeming fiction enacted in clause (2)(a) it will have to be assumed
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2837
that the Workman is in continuous service for a period of one year and he will satisfy the eligibility qualification
enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who has
actually worked under the employer for not less than 240 days during a period of twelve months shall be deemed to
have been in continuous service for a period of one year whether or not he has in fact been in such continuous service
for a period of one year. It is enough that he has worked for 240 days in a period of 12 months, it is not necessary that
he should have been in the service of the employer for one whole year."
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on principle
and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not in employment
for a period of 12 calendar months, but has rendered service for a period of 240 days within the period of 12
calendar months commencing and counting backwards from the relevant date, i.e. the date of retrenchment. If he has,
he would be deemed to be in continuous service for a period of one year for the purpose of section 25B and
Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of proof lies
upon the Workman to show that he has completed 240 days of the service with the Respondent just preceding from
the date of his termination. Further, in respect of the employment of calculating the 240 days service provision
contained under Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“I was not sponsored by any employment exchange. I did not undergo the regular process of selection for
appointment as a messenger in the branch..”
“It is true that I did not work for 240 days in any year in my service in the bank.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously in any 12
months of a calendar year just preceding from the date of his termination in the Respondent bank. Therefore,
Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240 days
continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of the
Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
2838
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2839
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon‘ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India in
respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular to all of
its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from 1.6.1982 and
appoint only empanelled candidates. The regional office was to prepare a panel of eligible candidates, after calling
names from the local/district employment exchange, and split it up branch-wise. Following that new procedure yearly
panels were prepared thereafter. Names of the Respondents were for the first time included in the panel prepared for
the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the Bank had informed the Respondents that the panel
was valid for one year only and that inclusion of their names in the panel was not to confer on them any right to seek
permanent appointment in the service of the bank. Considering the object with which the panel was prepared and the
fact that it was an yearly panel expiring on 6.2.1988, we are of the opinion that the Respondents did not get any right,
because of inclusion of their names in the said panel, for permanent absorption in the service of the Bank. Whatever
conditional right they had came to an end with the expiry of the panel. The claim of the Respondents, as contained in
the writ petition was thus misconceived and therefore the learned single Judge and the Division Bench, when it first
decided the appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and conditions of the
5th Settlement the contention of the Workman that empanelled list should continue even after 31.3.1997 till the last
Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless in view of recital in
the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I regarding binding
nature of Settlements and terms and conditions enumerated therein, in view of the provision contained u/s.18(1) of the
I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view of terms of settlement
dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till last man absorbed has
no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“I applied in response to a notification issued by the bank as per the settlements between the union and the bank. ….
Further, witness states, The panel was prepared depending upon the number of days of service put in by the
temporary employees. The temporary employees in the panel were given appointment on regular basis as per their
seniority in the panel…. Further witness states, I am not having any documents to show that any person who had
worked for less no. of days than me was given appointment in the bank.”
2840
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in terms of
various settlements entered into between Staff Federation of State Bank of India and State Bank of India and it was
prepared on the basis of number of days of work put in by the temporary employees. Further, the Workman himself
admitted that some of the temporary employees whose names were included in the panel were given regular
appointment in the bank in order of their seniority in the panel and he is not having any document to show that any
person who worked for less number of days than the Workman was given appointment in the bank. Therefore, the
allegation of the Workman that the regular appointment has been made by the bank from the panel list in breach of
the terms of the settlement and violation of seniority of panel list is not proved by this evidence of WW1. Thus,
there is no evidence on record that bank has given the appointment to the temporary employees as well as daily
wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There is no
evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the seniority.
Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from panel list in
order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on 31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to order
regularisation, where such a direction would in the context of public employment offend the provisions contained
in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status of
permanency continues to exist in circumstances where the employer has indulged in an unfair labour practice by not
filling up permanent posts even though such posts are available and by continuing to employ workmen as temporary
or daily wage employees despite their performing the same work as regular workmen on lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years of
service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be open
to workmen who have been deprived of the same benefit at par with the workmen who have been regularised to make
a complaint before the Labour or Industrial Court, since the deprivation of the benefit would amount to a violation of
Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of the
ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them for years,
with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant matter the
Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer has
indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2841
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date of
judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by a
statute and statutory rules. No appointment can be made by a Local Authority without following the provisions of the
recruitment rules. Any appointment made in violation of the said rules as also the constitutional scheme of equality as
contained in Articles 14 and 16 of the Constitution of India would be a nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible, but by
reason thereof an employee cannot claim any right to be permanently absorbed in service or made permanent in
absence of any statute or statutory rules. Merely because an employee has completed 240 days of work in a year
preceding the date of retrenchment, the same would not mean that his services were liable to be regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for absorption merely
on the basis of number of day of work in the Respondent bank Branch is not acceptable. As regard plea of the
Workman that the Workman should have been given employment even after 31.3.1997 as temporary Workman, it is
the discretion of Respondent to engage the Workman depending upon availability of work and this Tribunal can not
direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme Court and
few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme Court have
held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Article
14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered discretion in public law:
A public authority possesses powers only to use them for public good. This impose the duty to act fairly and to adopt
a procedure which is `fairplay in action'. Due observance of this obligation as a part of good administration raises a
reasonable or legitimate expectation in every citizen to be treated fairly in his interaction with the State and its
instrumentalities, with this element forming a necessary component of the decision making process in all State
actions. To satisfy this requirement of non- arbitrariness in a State action, it is, therefore, necessary to consider and
give due weight to the reasonable or legitimate expectations of the persons likely lo be affected by the decision or else
that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona
fides of the decision in a given case. The decision so made would be exposed to challenge on the ground of
arbitrariness. Rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but
providers for control of its exercise by judicial review.”
2842
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP No.193/1997,
therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it was a
permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services were not
liable to be terminated and he was to be regularised into service on permanent basis. Shastry award warrants that no
temporary appointment can be made to a permanent post. But the matter is now covered by two division bench
judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of 1982. The ratio decided in the
two judgements is to the effect that there cannot be any mandate to appoint employees on permanent basis when the
requirement was for appointment on temporary basis. But it is held in the said judgements that when a temporary
appointee is ousted from service and not for misconduct and, if again temporary appointment is to be made, then, the
case of such temporary appointee who was ousted, has got to be considered in accordance with Sec. 25-H of
the Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein Hon‘ble
Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities must
consider his case for regularization provided he is eligible and qualified according to the rules and his service record
is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to instant case
of Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it
was decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists
concurrently. A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another
settlement was entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies
arising up to December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so
prepared were to be considered against vacancies arising from January 1995 to December 1996, thereafter the said
panels lapse. MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including
part time attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-
messengerial positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled
before the empanelled list is allowed to lapse. Thus in both the cases empanelled list were lapsed on 1.4.1997.
Ex.M6 is the copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of
understanding was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned
will lapse on 31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the
statements giving the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non-
messenger panel, Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included
in the 1989 panel. As the existing vacancies at that time were exhausted and his turn did not come he could not be
given permanent employment in the bank as per the agreements. All the appointments were made strictly in
accordance with the settlements reached from time to time between SBI and SBI staff federation and as per seniority,
number of days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner
was not sponsored by any employment exchange he did not undergo the regular process of selection required for
appointment as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary
service in the bank. The petitioner and other temporary employees were terminated from service by the bank.
Further, MW1 states that the vacancies were filled up on regular basis with the temporary employees from the panels
and these panels were expired in terms of the settlements so reached and there were no vacancies to absorb such
employees. Thus, witness MW1 has proved the documents Ex.M1 to Ex.M12 and also contentions made in the
counter. However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such but their services were not utilized after the cut off date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontraverted, the claim of the Workman that he was entitled for
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2843
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No.IV:- In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
AWARD
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri E. Balaswamy, Ex. Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the
Petitioner is not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence,
dismissed. Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 26th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri E. Balaswamy
MW1: Sri Aluru Rama Rao
Documents marked for the Petitioner
Ex.W1: Photocopy of School certificate
Ex.W2: Photocopy of Memorandum of Marks
Ex.W3: Photocopy of caste certificate
Ex.W4: Photocopy of Employment card
Ex.W5: Photocopy of Service Certificate
Ex.W6: Photocopy of Service Certificate
Ex.W7: Photocopy of Call letter for interview
Ex.W8: Photocopy of Service Certificate dated 28.07.1992
Ex.W9: Photocopy of Service Certificate dated 30.07.1992
Ex.W10: Photocopy of Service Certificate dated 30.07.1992
Ex. W11:Photocopy of Service Certificate
Ex. W12:Photocopy of notice for conciliation
Ex. W13:Photocopy of minutes of the meeting
Ex. W14:Photocopy of failure Report to government
Documents marked for the Respondent
Ex.M1:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.17.11.87
Ex.M2:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.16.7.88
Ex.M3:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.9.1.1991
Ex.M5:
Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
2844
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Ex.M7:
Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8:
Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9:
Photocopy of statement of 1989 Non-messenger panel
Ex.M10:
Photocopy of statement of 1992 panel
Ex.M11:
Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12:
Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 579.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky;
ds iapkV (a126/2001) izdkf”kr djrh gSA
[सं. एल-12012/351/2000-आईआर (बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 1st April, 2026
S.O. 579.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 126/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/351/2000- IR (B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR
Presiding Officer
Dated the 26th day of February, 2026
INDUSTRIAL DISPUTE No. 126/2001
Between:
Sri B. Anjaiah,
S/o Malliah,
R/o Japthishivanur (P),
Narasingi(M),
Shankarampet,
Medak Distt .
… Petitioner
And
The Assistant General Manager,
(Personnel & HRD Deptt.
State Bank of India,
Local Head Office,
Bank street Koti,
Hyderabad-500095.
….. Respondent
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2845
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/351/2000-IR(B.I) dated 27.04.2001
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 requiring this forum to decide the question:
SCHEDULE
―Whether the action of the management of State Bank of India, Local Head office, Hyderabad in terminating
the services of Sri B. Anjaiah, Temporary/Non-Messenger, SBI w.e.f. 31.3.1997 is justified? If not, what
relief applicant is entitled for?‖
After receipt of the reference, it was numbered as ID No. 126/2001 and notices were issued to both the Workman and
the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favour of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the
aggrieved Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble
High Court of Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ
petitions and set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases
by Central Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State
Bank of India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to
their termination and further directed to consider their cases for regularization as and when the substantive vacancy
arises. This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch
petitions was challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of
2014. The aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High
Court of Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal
was pleased to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal, the
proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than one. Firstly,
in such matters, claims have to be decided on individual basis, as different persons have different claims as to the
length of officiation or discharge of duties and functions; quality of engagement, drawings, accounting of the post for
each one of them, who have worked etc. AIl these issues will not be the same in all the cases. Therefore, each case
ought to have been directed to be decided by the Tribunal afresh on individual basis. The second and most important
aspect is the learned single Judge has in one go ordered re-employment of all the workmen. This is not a relief that
could have been granted without answering the individual issues; each issue relating to each case could not have
been decided by the writ Court within the format of its adjudication procedures and scope. The adjudicating body,
which has to do that activity, is the Industrial Tribunal. Therefore, we are of the view that while we would sustain the
order of the learned singe Judge insofar as it interfered and sets aside the award of the Tribunal, the further findings
and directions, issued through the impugned order have to go and the individual cases have to be sent back for
consideration of the Tribunal. Such further procedure before the Tribunal will have to be carried forward with the
materials already on record and also by affording an opportunity to the persons, who have claims as well as the
management to place their rival contentions and further material before the Tribunal. The learned counsel appearing
for the workmen are justified in pointing out that enormous delay has already happened and further action by the
Tribunal in this line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common award
dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an outer limit
of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014 and batch
cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in view of the
aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement
dated 20.3.019.
2846
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that,
the he joined the service of the Respondent Bank at the workman joined in the services of the Management Institution
as Sweeper on 1987 to 1995 and rendered unblemished service spreading over a period of about 8 years. Further, it
is submitted that the management of Respondent bank decided to give a chance to temporarily employed personnel
―found suitable for permanent appointment‖ by wait- listing them by offering permanent appointment or waitlisting
till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were
listed. That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have
completed 270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed
minimum of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate
temporary service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid upto December, 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May, 1989 was
held. A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to
be valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the
years 1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the
panel, eligible temporary employees who have been empanelled could not appear in the earlier interviews and have
been pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st
settlement (Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd
settlement (Ex M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement
(Ex M6). In between there is minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all
these settlements which were extended by subsequent settlements thereby created reasonable expectations in the
list of the selected candidates arose with that it‘s a question of time their appointments or services would be
regularized in the services of the bank. The Workman was working with the bank on temporary basis was under
the bonafide hope that sooner his services will be regularized with the bank. He is thereby closed all his options
elsewhere. It is needless to point out that employing person to whom hope of employment in substantial terms was
made is a facet of Article 21 of the Constitution of India.
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P.. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The Hon‘ble High
Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on the basis of a
settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel was valid
upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2847
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
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[PART II—SEC. 3(ii)]
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees where in they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without
jurisdiction and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of
Understanding dated 27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is
not published anywhere to brought to the notice of the Workman whose rights are being affected. It is submitted that
Management did not adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90
in the year 1995. The same was not followed in the year 1997 despite there being vacancies.
The
management has followed the procedure of calling candidates through Employment exchange instead of giving
chance to the empanelled candidates like the Workman here. It is pertinent to mention here that the Respondent
Management sent letters to the all similarly situated candidates like the Workman in the month of June, 1997,
subsequent to the passing of impugned termination orders. After knowing the facts that the candidates are litigating,
the Management refused to engage these candidates. It is once again reiterated that the panels are meant for
absorption but not for termination. It was the duty of the Management to engage the empanelled candidates like the
Workman even in temporary vacancies till they are absorbed permanently in regular vacancies. Hence, the action of
the Respondent Management terminating the services of the Workman by oral order dated 31.3.97 is unjust, illegal,
violative of principles of natural justice and hence, the Management be directed to reinstate and absorb the Workman
and to grant all incidental and consequential benefits.
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2849
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
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[PART II—SEC. 3(ii)]
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex.W1 to W10. Further, the Workman has filed photocopies of documents in support
of his claim which are discussed as under:-
Ex.W1 is the Notification. Further Ex.W2 is the Service Certificate dated 23.11.1987. Ex.W3 is the Call letter for
interview. Ex.W4 is the Panel list. Ex.W5 is the service certificate. Ex. W6 is the Service Certificate dated
1.07.1992. Ex. W7 is the Service Certificate dated 01.07.1994. Ex. W8 is the Service Certificate dated 13.03.1999.
Ex.W9 is the circular for filing up vacancies in messenger. Ex. W10 is the circular letter dated 14.07.1999.
21.
On the other hand, Respondent has examined witness MW1 Sri Aluru Rama Rao and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Messengerial Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 General Attendant Panel. Ex.M11 is the Judgment of
Hon‘ble High Court of A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme
Court of India in SLP No. 11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, Local Head office, Hyderabad branch in terminating the
services of Workman Sri B. Anjaiah, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2851
Findings:-
25.
Point No.I:-Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding
where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof
has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in the
aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued that
the Workman after going through the selection procedure has successfully been listed in the panel for appointment on
the permanent basis in the Respondent management and the empanelled list has to be valid till last person in the
empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and 31.3.97, has been
issued by Respondent management thereby the services of the Workman has been terminated and the said order is not
in consonance of the terms of the agreement entered into between the parties. Further, Workman submits that the
Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list which is illegal and
that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97 incorporated in the
aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been decided
by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide letter dated
25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial category
from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of settlements
entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by Respondent
Management is also direction to Branch Manager, State Bank of India not to make any temporary messengerial
category appointment with effect from 1.4.1997 and it has also been communicated to all concerned that the panels
of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997. Further, office
order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said office order has
been issued to this effect that, ―Consequent on absorption of temporary employees in permanent cadre, it has been
decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh..... 1990 II LLJ
510 AP para 414, Hon‘ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial Disputes
Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years. The settlement
was to be in force upto 30th June 1986 and the next settlement, incorporating practically the same terms, was again
entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act. There is no dispute that these
settlements are under Section 18(1).
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[PART II—SEC. 3(ii)]
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It can
only decide in the first appeal whether a termination by the management is valid or not and is within the parameters
of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide whether a settlement
entered into under Section 18(1) of the Industrial Disputes Act between the representatives of the Workmen and of the
Management, is vitiated by undue influence or misrepresentation or coercion on the part of the Management. The
Authority, namely, the Assistant Commissioner of Labour, was never intended by the A.P. Legislature to have
jurisdiction to go into the question of the validity of a settlement arrived at under Section 18 of the Industrial Disputes
Act by an Industrial Court. That Parliament has, in fact, constituted Industrial Courts under the Industrial Disputes
Act, with extensive powers cannot be disputed. What we mean to say is that the Authority under Section 41(1) of the
A.P. Act has no jurisdiction what-so-ever either to question or to decide about the validity of any such settlements. If
parties to a settlement have a grievance about the validity of a settlement, it is for them to agitate the matter before
the appropriate forum and they cannot ask an Authority constituted under Section 41(1) of the A.P. Shops and
Establishments Act, 1966 with limited jurisdiction, to go into any such question and, that too, incidentally while
deciding whether retirement as per the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or misrepresentation or
coercion on the part of the management. If the Workman feeling aggrieved by any terms of settlement/ agreement on
the aforementioned grounds then he can challenge of settlement before a competent authority under the Act, 1947.
But here in the instant matter it is not a case of Workman that aforementioned settlement has been entered into
between the parties on the ground of undue influence or misrepresentation or coercion. Therefore, Workman is barred
to raise any objection in respect of fixing the date of lapse of both panels on 31.3.1997 as agreed between both the
parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR 322,
Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a finding
at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other hand, we feel
that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner. The Tribunal is,
rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement was binding on the
company and the members of the 3rd Respondent union. Even so, the Tribunal devoted nearly half of its order in
scanning the evidence given by the company and Respondent No. 3 to find out whether the terms of the settlement had
been explained by the President of the union to the workmen or not and whether the workers voluntarily accepted the
settlement knowing all the "consequences". This to our mind is again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture. It is
not necessary that each individual worker should know the implications of the settlement since a recognised union,
which is expected to protect the legitimate interests of labour, enters into a settlement in the best interests of labour.
This would be the normal rule. We cannot altogether rule out exceptional cases where there may be allegations of
mala fides, fraud or even corruption or other induce- ments. Nothing of that kind has been suggested against the
President of the 3rd Respondent in this case. That being the position, prima facie, this is a settlement in the course of
collective bargaining and, therefore, is entitled to due weight and consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others bad.
Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the other
advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to be
accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before this Court
the 3rd Respondent representing admittedly the large majority of the workmen has stood by this settlement and that is
a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we cannot also be oblivious of the
fact that all workmen of the company have accepted the settlement. Besides, the period of settlement has since expired
and we are informed that the employer and the 3rd Respondent are negotiating another settlement with further
improvements. These factors, apart from what has been stated above, and the need for industrial peace and harmony
when a union backed by a large majority of workmen has accepted a settlement in the course of collective bargaining
have impelled us not to interfere with this settlement. That being the position, we unhold the settlement as fair and just
and order that the award of the Tribunal shall be substituted by the settlement dated October 18, 1973. The said
settlement shall be the substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2853
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the period
of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days'
average pay for every completed year of continuous service] or any part thereof in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified
by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,
including service which may be interrupted on account of sickness or authorized leave or an accident or a strike
which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or six
months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the date of
termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the reference of
decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim was
denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year
preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be
regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had
worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)
SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere
non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the
Workman had worked for 240 days as claimed."
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[PART II—SEC. 3(ii)]
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the Workman to
show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In
M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:
"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial
Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn
erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex
Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down the
principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for a fiction
to treat a Workman in continuous service for a period of one year despite the fact that he has not rendered
uninterrupted service for a period of one year but he has rendered period of 240 days during the period of 12
calendar service for months counting backwards and just preceding the relevant date being the date of retrenchment.
In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to determine first the relevant
date, ie the date of termination of service which is complained of as retrenchment. After that date is ascertained. move
backward to a period of 12 months just preceding the date of retrenchment and then ascertain whether within the
period of 12 months, the Workman has rendered service for a period of 240 days. If these three facts are affirmatively
answered in favor of the Workman pursuant to the deeming fiction enacted in clause (2)(a) it will have to be assumed
that the Workman is in continuous service for a period of one year and he will satisfy the eligibility qualification
enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who has
actually worked under the employer for not less than 240 days during a period of twelve months shall be deemed to
have been in continuous service for a period of one year whether or not he has in fact been in such continuous service
for a period of one year. It is enough that he has worked for 240 days in a period of 12 months, it is not necessary that
he should have been in the service of the employer for one whole year."
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on principle
and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not in employment
for a period of 12 calendar months, but has rendered service for a period of 240 days within the period of 12
calendar months commencing and counting backwards from the relevant date, i.e. the date of retrenchment. If he has,
he would be deemed to be in continuous service for a period of one year for the purpose of section 25B and
Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of proof lies
upon the Workman to show that he has completed 240 days of the service with the Respondent just preceding from
the date of his termination. Further, in respect of the employment of calculating the 240 days service provision
contained under Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“ My name was not sponsored by any employment exchange. I did not undergo selection process required for
appointment for a non-messenger.”
“I did not work for 240 days in any year in the bank in my service.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously in any 12
months of a calendar year just preceding from the date of his termination in the Respondent bank. Therefore,
Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240 days
continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of the
Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2855
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
2856
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[PART II—SEC. 3(ii)]
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon‘ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India in
respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular to all of
its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from 1.6.1982 and
appoint only empanelled candidates. The regional office was to prepare a panel of eligible candidates, after calling
names from the local/district employment exchange, and split it up branch-wise. Following that new procedure yearly
panels were prepared thereafter. Names of the Respondents were for the first time included in the panel prepared for
the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the Bank had informed the Respondents that the panel
was valid for one year only and that inclusion of their names in the panel was not to confer on them any right to seek
permanent appointment in the service of the bank. Considering the object with which the panel was prepared and the
fact that it was an yearly panel expiring on 6.2.1988, we are of the opinion that the Respondents did not get any right,
because of inclusion of their names in the said panel, for permanent absorption in the service of the Bank. Whatever
conditional right they had came to an end with the expiry of the panel. The claim of the Respondents, as contained in
the writ petition was thus misconceived and therefore the learned single Judge and the Division Bench, when it first
decided the appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and conditions of the
5th Settlement the contention of the Workman that empanelled list should continue even after 31.3.1997 till the last
Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless in view of recital in
the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I regarding binding
nature of Settlements and terms and conditions enumerated therein, in view of the provision contained u/s.18(1) of the
I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view of terms of settlement
dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till last man absorbed has
no legal force and same is untenable.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2857
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“I applied to the bank in response to an advertisement issued by the bank as per the settlements between the union
and the Management.…. Further, witness states, The panel was prepared basing on the number of days of service
put in by the temporary employees. Some of the persons whose names were included in the panel were given
appointment on regular basis in the bank…. Further witness states, I am not having any documents to show that any
of my juniors are continuing in the service.”
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in terms of
various settlements entered into between Staff Federation of State Bank of India and State Bank of India and it was
prepared on the basis of number of days of work put in by the temporary employees. Further, the Workman himself
admitted that some of the temporary employees whose names were included in the panel were given regular
appointment in the bank in order of their seniority in the panel and he is not having any document to show that any
person who worked for less number of days than the Workman was given appointment in the bank. Therefore, the
allegation of the Workman that the regular appointment has been made by the bank from the panel list in breach of
the terms of the settlement and violation of seniority of panel list is not proved by this evidence of WW1. Thus,
there is no evidence on record that bank has given the appointment to the temporary employees as well as daily
wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There is no
evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the seniority.
Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from panel list in
order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on 31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to order
regularisation, where such a direction would in the context of public employment offend the provisions contained
in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status of
permanency continues to exist in circumstances where the employer has indulged in an unfair labour practice by not
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[PART II—SEC. 3(ii)]
filling up permanent posts even though such posts are available and by continuing to employ workmen as temporary
or daily wage employees despite their performing the same work as regular workmen on lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years of
service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be open
to workmen who have been deprived of the same benefit at par with the workmen who have been regularised to make
a complaint before the Labour or Industrial Court, since the deprivation of the benefit would amount to a violation of
Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of the
ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them for years,
with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant matter the
Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer has
indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date of
judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by a
statute and statutory rules. No appointment can be made by a Local Authority without following the provisions of the
recruitment rules. Any appointment made in violation of the said rules as also the constitutional scheme of equality as
contained in Articles 14 and 16 of the Constitution of India would be a nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible, but by
reason thereof an employee cannot claim any right to be permanently absorbed in service or made permanent in
absence of any statute or statutory rules. Merely because an employee has completed 240 days of work in a year
preceding the date of retrenchment, the same would not mean that his services were liable to be regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for absorption merely
on the basis of number of day of work in the Respondent bank Branch is not acceptable. As regard plea of the
Workman that the Workman should have been given employment even after 31.3.1997 as temporary Workman, it is
the discretion of Respondent to engage the Workman depending upon availability of work and this Tribunal can not
direct the Respondent to engage the Workman in the absent of such rule/scheme.
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2859
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme Court and
few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme Court have
held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Article
14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered discretion in public law:
A public authority possesses powers only to use them for public good. This impose the duty to act fairly and to adopt
a procedure which is `fairplay in action'. Due observance of this obligation as a part of good administration raises a
reasonable or legitimate expectation in every citizen to be treated fairly in his interaction with the State and its
instrumentalities, with this element forming a necessary component of the decision making process in all State
actions. To satisfy this requirement of non- arbitrariness in a State action, it is, therefore, necessary to consider and
give due weight to the reasonable or legitimate expectations of the persons likely lo be affected by the decision or else
that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona
fides of the decision in a given case. The decision so made would be exposed to challenge on the ground of
arbitrariness. Rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but
providers for control of its exercise by judicial review.”
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP No.193/1997,
therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it was a
permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services were not
liable to be terminated and he was to be regularised into service on permanent basis. Shastry award warrants that no
temporary appointment can be made to a permanent post. But the matter is now covered by two division bench
judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of 1982. The ratio decided in the
two judgements is to the effect that there cannot be any mandate to appoint employees on permanent basis when the
requirement was for appointment on temporary basis. But it is held in the said judgements that when a temporary
appointee is ousted from service and not for misconduct and, if again temporary appointment is to be made, then, the
case of such temporary appointee who was ousted, has got to be considered in accordance with Sec. 25-H of
the Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein Hon‘ble
Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities must
consider his case for regularization provided he is eligible and qualified according to the rules and his service record
is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to instant case
of Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it
was decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists
concurrently. A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another
settlement was entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies
arising up to December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so
prepared were to be considered against vacancies arising from January 1995 to December 1996, thereafter the said
panels lapse. MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including
part time attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-
messengerial positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled
before the empanelled list is allowed to lapse. Thus in both the cases empanelled list were lapsed on 1.4.1997.
Ex.M6 is the copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
understanding was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned
will lapse on 31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the
statements giving the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non-
messenger panel, Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included
in the 1989 panel. As the existing vacancies at that time were exhausted and his turn did not come he could not be
given permanent employment in the bank as per the agreements. All the appointments were made strictly in
accordance with the settlements reached from time to time between SBI and SBI staff federation and as per seniority,
number of days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner
was not sponsored by any employment exchange he did not undergo the regular process of selection required for
appointment as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary
service in the bank. The petitioner and other temporary employees were terminated from service by the bank.
Further, MW1 states that the vacancies were filled up on regular basis with the temporary employees from the panels
and these panels were expired in terms of the settlements so reached and there were no vacancies to absorb such
employees. Thus, witness MW1 has proved the documents Ex.M1 to Ex.M12 and also contentions made in the
counter. However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such but their services were not utilized after the cut off date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontraverted, the claim of the Workman that he was entitled for
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No.IV:- In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
AWARD
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri B. Anjaiah, Ex. Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the Petitioner is
not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence, dismissed.
Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 26th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri B. Anjaiah
MW1: Sri Aluru Rama Rao
Documents marked for the Petitioner
Ex.W1: Photocopy of Notification
Ex.W2: Photocopy of Service Certificate dated 23.11.1987
Ex.W3: Photocopy of Call letter for interview
Ex.W4: Photocopy of Panel list
Ex.W5: Photocopy of service certificate
Ex.W6: Photocopy of Service Certificate dated 1.07.1992
Ex.W7: Photocopy of Service Certificate dated 01.07.1994
Ex.W8: Photocopy of Service Certificate dated 13.03.1999
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2861
Ex.W9: Photocopy of filing up vacancies in messenger
Ex.W10: Photocopy of circular letter dated 14.07.1999
Documents marked for the Respondent
Ex.M1: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.17.11.87
Ex.M2: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.16.7.88
Ex.M3: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4: Photocopy of settlement between Respondent and All India State Bank of India Staff Federation dt.9.1.1991
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 580.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky;
ds iapkV (a45/2001) izdkf”kr djrh gSA
[सं. एल-12012/448/2000-आईआर (बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 1st April, 2026
S.O. 580.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 45/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/448/2000- IR (B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR
Presiding Officer
Dated the 25th day of February, 2026
INDUSTRIAL DISPUTE No. 45/2001
Between:
Sri P. Sreeramulu,
S/o P. Laxamaiah,
H.No. 12-11-831/29, Warasiguda,
Secunderabad
… Petitioner
And
The Assistant General Manager,
(Personnel & HRD Department)
State Bank of India,
Local Head office,
Bank Street,
Koti, Hyderabad- 095
…..Respondent
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Appearances:
For the Petitioner :
Sri
Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/448/2000-IR(B.I) dated 7.6.2001
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 requiring this forum to decide the question:
SCHEDULE
―Whether the action of the management of State Bank of India, Local Head Office Hyderabad, in
terminating the services of Sri P. Sreeramulu, Temporary/Non-Messenger, SBI with effect from 31.3.1997 is
justified? If not, what relief the applicant is entitled?‖
After receipt of the reference, it was numbered as ID No. 45/2001 and notices were issued to both the Workman and
the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favor of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the
aggrieved Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble
High Court of Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ
petitions and set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases
by Central Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State
Bank of India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to
their termination and further directed to consider their cases for regularization as and when the substantive vacancy
arises. This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch
petitions was challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of
2014. The aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High
Court of Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal
was pleased to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal, the
proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than one. Firstly,
in such matters, claims have to be decided on individual basis, as different persons have different claims as to the
length of officiation or discharge of duties and functions; quality of engagement, drawings, accounting of the post for
each one of them, who have worked etc. AIl these issues will not be the same in all the cases. Therefore, each case
ought to have been directed to be decided by the Tribunal afresh on individual basis. The second and most important
aspect is the learned single Judge has in one go ordered re-employment of all the workmen. This is not a relief that
could have been granted without answering the individual issues; each issue relating to each case could not have
been decided by the writ Court within the format of its adjudication procedures and scope. The adjudicating body,
which has to do that activity, is the Industrial Tribunal. Therefore, we are of the view that while we would sustain the
order of the learned singe Judge insofar as it interfered and sets aside the award of the Tribunal, the further findings
and directions, issued through the impugned order have to go and the individual cases have to be sent back for
consideration of the Tribunal. Such further procedure before the Tribunal will have to be carried forward with the
materials already on record and also by affording an opportunity to the persons, who have claims as well as the
management to place their rival contentions and further material before the Tribunal. The learned counsel appearing
for the workmen are justified in pointing out that enormous delay has already happened and further action by the
Tribunal in this line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common award
dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an outer limit
of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014 and batch
cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in view of the
aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2863
dated 20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that
the Workman joined in the service of the management institution as Messenger from 1980 to 1997 and has rendered
unblemished service spreading over a period of about 17 years. The Respondent has terminated services of
Workman by oral orders with effect from 1.4.1997. Further, it is submitted that the management of Respondent bank
decided to give a chance to temporarily employed personnel ―found suitable for permanent appointment‖ by wait-
listing them by offering permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were listed.
That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have completed
270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed minimum
of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate temporary
service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid up to December 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May 1989 was held.
A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to be
valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the years
1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the panel,
eligible temporary employees who have been empanelled could not appear in the earlier interviews and have been
pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st settlement
(Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd settlement (Ex
M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement (Ex M6). In
between there are minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all these
settlements which were extended by subsequent settlements thereby created reasonable expectations in the list of the
selected candidates arose with that it‘s a question of time their appointments or services would be regularized in the
services of the bank. The Workman was working with the bank on temporary basis was under the bonafide hope that
sooner his services will be regularized with the bank. He is thereby closed all his options elsewhere. It is needless to
point out that employing person to whom hope of employment in substantial terms was made is a facet of Article 21
of the Constitution of India.
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The Hon‘ble High
Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on the basis of a
settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel was valid
upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2865
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees wherein they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without jurisdiction
and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of Understanding dated
27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is not published anywhere
to brought to the notice of the Workman whose rights are being affected. It is submitted that Management did not
adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90 in the year 1995. The
same was not followed in the year 1997 despite there being vacancies.
The management has followed the
procedure of calling candidates through Employment exchange instead of giving chance to the empanelled candidates
like the Workman here. It is pertinent to mention here that the Respondent Management sent letters to all similarly
situated candidates like the Workman in the month of June, 1997, subsequent to the passing of impugned termination
orders. After knowing the facts that the candidates are litigating, the Management refused to engage these candidates.
It is once again reiterated that the panels are meant for absorption but not for termination. It was the duty of the
Management to engage the empanelled candidates like the Workman even in temporary vacancies till they are
absorbed permanently in regular vacancies. Hence, the action of the Respondent Management terminating the
services of the Workman by oral order dated 31.3.97 is unjust, illegal, violative of principles of natural justice and
hence, the Management be directed to reinstate and absorb the Workman and to grant all incidental and consequential
benefits.
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
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[PART II—SEC. 3(ii)]
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2867
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
20.
In order to fortify his claim Workman has examined himself as WW1 and Sri C. Yadagiri as WW2, and has
also filed documents in evidence which has been exhibited as Ex. W1 to W10. Further, the Workman has filed
photocopies of documents in support of his claim which are discussed as under: -
Ex. W1 is the service certificate. Further Ex. W2 is the transfer Certificate. Ex. W3 is the memo of marks. Ex. W4
is the caste certificate Ex. W5 is the character certificate. Ex. W6 is the lr. dt.1.12.92. Ex. W7 to Ex.W10 are the
service certificates.
21.
On the other hand, Respondent has examined witness MW1 Sri Aluru Rama Rao and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Messengerial Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 General Attendant Panel. Ex.M11 is the Judgment of
Hon‘ble High Court of A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme
Court of India in SLP No. 11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, Local Head Office Hyderabad in terminating the services
of Workman Sri P. Sree Ramulu, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
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[PART II—SEC. 3(ii)]
Findings:-
25.
Point No.I:-Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding
where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof
has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in the
aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued that
the Workman after going through the selection procedure has successfully been listed in the panel for appointment on
the permanent basis in the Respondent management and the empanelled list has to be valid till last person in the
empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and 31.3.97, has been
issued by Respondent management thereby the services of the Workman has been terminated and the said order is not
in consonance of the terms of the agreement entered into between the parties. Further, Workman submits that the
Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list which is illegal and
that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97 incorporated in the
aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been decided
by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide letter dated
25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial category
from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of settlements
entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by Respondent
Management is also direction to Branch Manager, State Bank of India not to make any temporary messengerial
category appointment with effect from 1.4.1997 and it has also been communicated to all concerned that the panels
of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997. Further, office
order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said office order has
been issued to this effect that, ―Consequent on absorption of temporary employees in permanent cadre, it has been
decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh..... 1990 II LLJ
510 AP para 414, Hon‘ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial Disputes
Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years. The settlement
was to be in force upto 30th June 1986 and the next settlement, incorporating practically the same terms, was again
entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act. There is no dispute that these
settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It can
only decide in the first appeal whether a termination by the management is valid or not and is within the parameters
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2869
of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide whether a settlement
entered into under Section 18(1) of the Industrial Disputes Act between the representatives of the Workmen and of the
Management, is vitiated by undue influence or misrepresentation or coercion on the part of the Management. The
Authority, namely, the Assistant Commissioner of Labour, was never intended by the A.P. Legislature to have
jurisdiction to go into the question of the validity of a settlement arrived at under Section 18 of the Industrial Disputes
Act by an Industrial Court. That Parliament has, in fact, constituted Industrial Courts under the Industrial Disputes
Act, with extensive powers cannot be disputed. What we mean to say is that the Authority under Section 41(1) of the
A.P. Act has no jurisdiction what-so-ever either to question or to decide about the validity of any such settlements. If
parties to a settlement have a grievance about the validity of a settlement, it is for them to agitate the matter before
the appropriate forum and they cannot ask an Authority constituted under Section 41(1) of the A.P. Shops and
Establishments Act, 1966 with limited jurisdiction, to go into any such question and, that too, incidentally while
deciding whether retirement as per the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or misrepresentation or
coercion on the part of the management. If the Workman feeling aggrieved by any terms of settlement/ agreement on
the aforementioned grounds then he can challenge of settlement before a competent authority under the Act, 1947.
But here in the instant matter it is not a case of Workman that aforementioned settlement has been entered into
between the parties on the ground of undue influence or misrepresentation or coercion. Therefore, Workman is barred
to raise any objection in respect of fixing the date of lapse of both panels on 31.3.1997 as agreed between both the
parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR 322,
Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a finding
at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other hand, we feel
that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner. The Tribunal is,
rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement was binding on the
company and the members of the 3rd Respondent union. Even so, the Tribunal devoted nearly half of its order in
scanning the evidence given by the company and Respondent No. 3 to find out whether the terms of the settlement had
been explained by the President of the union to the workmen or not and whether the workers voluntarily accepted the
settlement knowing all the "consequences". This to our mind is again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture. It is
not necessary that each individual worker should know the implications of the settlement since a recognised union,
which is expected to protect the legitimate interests of labour, enters into a settlement in the best interests of labour.
This would be the normal rule. We cannot altogether rule out exceptional cases where there may be allegations of
mala fides, fraud or even corruption or other induce- ments. Nothing of that kind has been suggested against the
President of the 3rd Respondent in this case. That being the position, prima facie, this is a settlement in the course of
collective bargaining and, therefore, is entitled to due weight and consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others bad.
Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the other
advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to be
accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before this Court
the 3rd Respondent representing admittedly the large majority of the workmen has stood by this settlement and that is
a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we cannot also be oblivious of the
fact that all workmen of the company have accepted the settlement. Besides, the period of settlement has since expired
and we are informed that the employer and the 3rd Respondent are negotiating another settlement with further
improvements. These factors, apart from what has been stated above, and the need for industrial peace and harmony
when a union backed by a large majority of workmen has accepted a settlement in the course of collective bargaining
have impelled us not to interfere with this settlement. That being the position, we unhold the settlement as fair and just
and order that the award of the Tribunal shall be substituted by the settlement dated October 18, 1973. The said
settlement shall be the substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
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[PART II—SEC. 3(ii)]
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the period
of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days'
average pay for every completed year of continuous service] or any part thereof in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified
by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,
including service which may be interrupted on account of sickness or authorized leave or an accident or a strike
which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or six
months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the date of
termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the reference of
decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim was
denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year
preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be
regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had
worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)
SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere
non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the
Workman had worked for 240 days as claimed."
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the Workman to
show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In
[भाग II—खण् ड 3(ii)]
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2871
M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:
"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial
Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn
erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex
Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down the
principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for a fiction
to treat a Workman in continuous service for a period of one year despite the fact that he has not rendered
uninterrupted service for a period of one year but he has rendered period of 240 days during the period of 12
calendar service for months counting backwards and just preceding the relevant date being the date of retrenchment.
In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to determine first the relevant
date, ie the date of termination of service which is complained of as retrenchment. After that date is ascertained. move
backward to a period of 12 months just preceding the date of retrenchment and then ascertain whether within the
period of 12 months, the Workman has rendered service for a period of 240 days. If these three facts are affirmatively
answered in favor of the Workman pursuant to the deeming fiction enacted in clause (2)(a) it will have to be assumed
that the Workman is in continuous service for a period of one year and he will satisfy the eligibility qualification
enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who has
actually worked under the employer for not less than 240 days during a period of twelve months shall be deemed to
have been in continuous service for a period of one year whether or not he has in fact been in such continuous service
for a period of one year. It is enough that he has worked for 240 days in a period of 12 months, it is not necessary that
he should have been in the service of the employer for one whole year."
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on principle
and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not in employment
for a period of 12 calendar months, but has rendered service for a period of 240 days within the period of 12
calendar months commencing and counting backwards from the relevant date, i.e. the date of retrenchment. If he has,
he would be deemed to be in continuous service for a period of one year for the purpose of section 25B and
Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of proof lies
upon the Workman to show that he has completed 240 days of the service with the Respondent just preceding from
the date of his termination. Further, in respect of the employment of calculating the 240 days service in view of the
contents of Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“I was not sponsored by any employment exchange. I did not make any application seeking appointment in the
branch in response to any notification issued by the bank...”
“I did not work for 240 days in any branch in any year in State Bank of India.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously in any 12
months of a calendar year just preceding from the date of his termination in the Respondent bank. Therefore,
Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240 days
continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of the
Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
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[PART II—SEC. 3(ii)]
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2873
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon‘ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India in
respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular to all of
its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from 1.6.1982 and
appoint only empanelled candidates. The regional office was to prepare a panel of eligible candidates, after calling
names from the local/district employment exchange, and split it up branch-wise. Following that new procedure yearly
panels were prepared thereafter. Names of the Respondents were for the first time included in the panel prepared for
the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the Bank had informed the Respondents that the panel
was valid for one year only and that inclusion of their names in the panel was not to confer on them any right to seek
permanent appointment in the service of the bank. Considering the object with which the panel was prepared and the
fact that it was an yearly panel expiring on 6.2.1988, we are of the opinion that the Respondents did not get any right,
because of inclusion of their names in the said panel, for permanent absorption in the service of the Bank. Whatever
conditional right they had came to an end with the expiry of the panel. The claim of the Respondents, as contained in
the writ petition was thus misconceived and therefore the learned single Judge and the Division Bench, when it first
decided the appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and conditions of the
5th Settlement the contention of the Workman that empanelled list should continue even after 31.3.1997 till the last
Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless in view of recital in
the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I regarding binding
nature of Settlements and terms and conditions enumerated therein, in view of the provision contained u/s.18(1) of the
I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view of terms of settlement
dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till last man absorbed has
no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
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[PART II—SEC. 3(ii)]
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“I did not make any application seeking appointment in the branch in response to any notification issued by the bank
…. Further, witness states, The panel prepared by the bank as per the number of days service put in by the temporary
messengers in the bank. The bank has filled up the vacancies of Messengers on permanent basis with the candidates
who had worked formore number of days and whose names were entered on the top of the panel.…. .”
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in terms of
various settlements entered into between Staff Federation of State Bank of India and State Bank of India and it was
prepared on the basis of number of days of work put in by the temporary employees. Further, the Workman himself
admitted that some of the temporary employees whose names were included in the panel were given regular
appointment in the bank in order of their seniority in the panel and he is not having any document to show that any
person who worked for less number of days than the Workman was given appointment in the bank. Therefore, the
allegation of the Workman that the regular appointment has been made by the bank from the panel list in breach of
the terms of the settlement and violation of seniority of panel list is not proved by this evidence of WW1. Thus,
there is no evidence on record that bank has given the appointment to the temporary employees as well as daily
wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There is no
evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the seniority.
Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from panel list in
order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on 31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to order
regularisation, where such a direction would in the context of public employment offend the provisions contained
in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status of
permanency continues to exist in circumstances where the employer has indulged in an unfair labour practice by not
filling up permanent posts even though such posts are available and by continuing to employ workmen as temporary
or daily wage employees despite their performing the same work as regular workmen on lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2875
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years of
service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be open
to workmen who have been deprived of the same benefit at par with the workmen who have been regularised to make
a complaint before the Labour or Industrial Court, since the deprivation of the benefit would amount to a violation of
Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of the
ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them for years,
with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant matter the
Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer has
indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date of
judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by a
statute and statutory rules. No appointment can be made by a Local Authority without following the provisions of the
recruitment rules. Any appointment made in violation of the said rules as also the constitutional scheme of equality as
contained in Articles 14 and 16 of the Constitution of India would be a nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible, but by
reason thereof an employee cannot claim any right to be permanently absorbed in service or made permanent in
absence of any statute or statutory rules. Merely because an employee has completed 240 days of work in a year
preceding the date of retrenchment, the same would not mean that his services were liable to be regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for absorption merely
on the basis of number of day of work in the Respondent bank Branch is not acceptable. As regard plea of the
Workman that the Workman should have been given employment even after 31.3.1997 as temporary Workman, it is
the discretion of Respondent to engage the Workman depending upon availability of work and this Tribunal can not
direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
2876
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme Court and
few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme Court have
held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Article
14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered discretion in public law:
A public authority possesses powers only to use them for public good. This impose the duty to act fairly and to adopt
a procedure which is `fairplay in action'. Due observance of this obligation as a part of good administration raises a
reasonable or legitimate expectation in every citizen to be treated fairly in his interaction with the State and its
instrumentalities, with this element forming a necessary component of the decision making process in all State
actions. To satisfy this requirement of non- arbitrariness in a State action, it is, therefore, necessary to consider and
give due weight to the reasonable or legitimate expectations of the persons likely lo be affected by the decision or else
that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona
fides of the decision in a given case. The decision so made would be exposed to challenge on the ground of
arbitrariness. Rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but
providers for control of its exercise by judicial review.”
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP No.193/1997,
therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it was a
permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services were not
liable to be terminated and he was to be regularised into service on permanent basis. Shastry award warrants that no
temporary appointment can be made to a permanent post. But the matter is now covered by two division bench
judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of 1982. The ratio decided in the
two judgements is to the effect that there cannot be any mandate to appoint employees on permanent basis when the
requirement was for appointment on temporary basis. But it is held in the said judgements that when a temporary
appointee is ousted from service and not for misconduct and, if again temporary appointment is to be made, then, the
case of such temporary appointee who was ousted, has got to be considered in accordance with Sec. 25-H of
the Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein Hon‘ble
Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities must
consider his case for regularization provided he is eligible and qualified according to the rules and his service record
is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to instant case of
Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh, and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it was
decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists concurrently.
A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another settlement was
entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies arising up to
December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so prepared were
to be considered against vacancies arising from January 1995 to December 1996, thereafter the said panels lapse.
MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including part time
attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-messengerial
positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled before the
empanelled list is allowed to lapse. Thus, in both the cases empanelled list were lapsed on 1.4.1997. Ex.M6 is the
copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of understanding
was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned will lapse on
31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the statements giving
the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non- messenger panel,
Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included in the 1989
panel. As the existing vacancies at that time were exhausted and his turn did not come, he could not be given
permanent employment in the bank as per the agreements. All the appointments were made strictly in accordance
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2877
with the settlements reached from time to time between SBI and SBI staff federation and as per seniority, number of
days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner was not
sponsored by any employment exchange he did not undergo the regular process of selection required for appointment
as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary service in
the bank. The petitioner and other temporary employees were terminated from service by the bank. Further, MW1
states that the vacancies were filled up on regular basis with the temporary employees from the panels and these
panels were expired in terms of the settlements so reached and there were no vacancies to absorb such employees.
Thus, witness MW1 has proved the documents, Ex.M1 to Ex.M12 and also contentions made in the counter.
However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover, the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such, but their services were not utilized after the cutoff date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontroverted, the claim of the Workman that he was entitled for
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No. IV: - In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
AWARD
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri P. Sreeramulu, Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the Petitioner is
not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence, dismissed.
Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 25th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri P. Sreeramulu
MW1: Sri Aluru Rama Rao
WW2: Sri C. Yadagiri
Documents marked for the Petitioner
Ex.W1: Photocopy of service certificate
Ex.W2: Photocopy of transfer certificate
Ex.W3: Photocopy of marks memo
Ex.W4: Photocopy of Caste certificate
Ex.W5: Photocopy of character certificate
Ex.W6: Photocopy of letter dated 1.12.1992
Ex.W7 to: Photocopy of certificates of service
Ex.W10
Documents marked for the Respondent
Ex.M1:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.17.11.87
Ex.M2:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.16.7.88
2878
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Ex.M3:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.9.1.1991
Ex.M5:
Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
Ex.M7:
Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8:
Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9:
Photocopy of statement of 1989 Non-messenger panel
Ex.M10:
Photocopy of statement of 1992 panel
Ex.M11:
Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12:
Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 581.—औद्योजगक fookn vf/kfu;e] 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdksa vkSj muds deZdkjksa ds chp vuqca/k esa fufnZ’V औद्योजगक fookn esa dsUnzh;
ljdkj औद्योजगक vf/kdj.k@Je U;k;ky;
ds iapkV (a40/2001) izdkf”kr djrh gSA
[सं. एल 12012/407/2000-आईआर (बी-I)]
सलोनी, उृ जनदेिक
New Delhi, the 1st April, 2026
S.O. 581.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 40/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India
and their workmen.
[No. L-12012/407/2000- IR (B-I)]
SALONI, Dy. Director
ANNEXURE
In The Central Government Industrial Tribunal Cum Labour Court At Hyderabad
Present: Sri IRFAN QAMAR
Presiding Officer
Dated the 25th day of February, 2026
INDUSTRIAL DISPUTE No. 40/2001
Between:
Sri Sonta Nityapujaiah,
Thummaluru (P.O.) & (V),
Pendimari Mandal,
Dist. Cuddapah.
… Petitioner
And
The Dy. General Manager,
State Bank of India ,
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2879
Zonal Office, Renigunta Road,
Tirupathi – 517 501.
…..Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/407/2000-IR(B.I) dated 8.6.2001
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 requiring this forum to decide the
question:
SCHEDULE
―Whether the action of the management of State Bank of India, Cuddapah Main Branch, in terminating the
services of Sri Sonta Nityapujaiah, Messenger, from the services of the Bank is justified? If not, what relief
he is entitled?‖
After receipt of the reference, it was numbered as ID No. 40/2001 and notices were issued to both the Workman and
the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favor of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the
aggrieved Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble
High Court of Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ
petitions and set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases
by Central Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State
Bank of India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to
their termination and further directed to consider their cases for regularization as and when the substantive vacancy
arises. This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch
petitions was challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of
2014. The aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High
Court of Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal
was pleased to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal, the
proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than one. Firstly,
in such matters, claims have to be decided on individual basis, as different persons have different claims as to the
length of officiation or discharge of duties and functions; quality of engagement, drawings, accounting of the post for
each one of them, who have worked etc. AIl these issues will not be the same in all the cases. Therefore, each case
ought to have been directed to be decided by the Tribunal afresh on individual basis. The second and most important
aspect is the learned single Judge has in one go ordered re-employment of all the workmen. This is not a relief that
could have been granted without answering the individual issues; each issue relating to each case could not have
been decided by the writ Court within the format of its adjudication procedures and scope. The adjudicating body,
which has to do that activity, is the Industrial Tribunal. Therefore, we are of the view that while we would sustain the
order of the learned singe Judge insofar as it interfered and sets aside the award of the Tribunal, the further findings
and directions, issued through the impugned order have to go and the individual cases have to be sent back for
consideration of the Tribunal. Such further procedure before the Tribunal will have to be carried forward with the
materials already on record and also by affording an opportunity to the persons, who have claims as well as the
management to place their rival contentions and further material before the Tribunal. The learned counsel appearing
for the workmen are justified in pointing out that enormous delay has already happened and further action by the
Tribunal in this line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common award
dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an outer limit
2880
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014 and batch
cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in view of the
aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement
dated 20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that
the Workman joined in the service of the management institution as Messenger from 1985 to 19.10.1996 and has
rendered unblemished service spreading over a period of about 12 years. The Respondent has terminated services of
Workman by oral orders. Further, it is submitted that the management of Respondent bank decided to give a chance
to temporarily employed personnel ―found suitable for permanent appointment‖ by wait- listing them by offering
permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were listed.
That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have completed
270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed minimum
of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate temporary
service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid up to December 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May 1989 was held.
A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to be
valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the years
1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the panel,
eligible temporary employees who have been empanelled could not appear in the earlier interviews and have been
pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st settlement
(Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd settlement (Ex
M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement (Ex M6). In
between there are minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all these
settlements which were extended by subsequent settlements thereby created reasonable expectations in the list of the
selected candidates arose with that it‘s a question of time their appointments or services would be regularized in the
services of the bank. The Workman was working with the bank on temporary basis was under the bonafide hope that
sooner his services will be regularized with the bank. He is thereby closed all his options elsewhere. It is needless to
point out that employing person to whom hope of employment in substantial terms was made is a facet of Article 21
of the Constitution of India.
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The Hon‘ble High
Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on the basis of a
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2881
settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel was valid
upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
2882
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[PART II—SEC. 3(ii)]
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees wherein they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without jurisdiction
and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of Understanding dated
27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is not published anywhere
to brought to the notice of the Workman whose rights are being affected. It is submitted that Management did not
adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90 in the year 1995. The
same was not followed in the year 1997 despite there being vacancies.
The management has followed the
procedure of calling candidates through Employment exchange instead of giving chance to the empanelled candidates
like the Workman here. It is pertinent to mention here that the Respondent Management sent letters to all similarly
situated candidates like the Workman in the month of June, 1997, subsequent to the passing of impugned termination
orders. After knowing the facts that the candidates are litigating, the Management refused to engage these candidates.
It is once again reiterated that the panels are meant for absorption but not for termination. It was the duty of the
Management to engage the empanelled candidates like the Workman even in temporary vacancies till they are
absorbed permanently in regular vacancies. Hence, the action of the Respondent Management terminating the
services of the Workman by oral order dated 31.3.97 is unjust, illegal, violative of principles of natural justice and
hence, the Management be directed to reinstate and absorb the Workman and to grant all incidental and consequential
benefits.
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2883
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
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[PART II—SEC. 3(ii)]
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex. W1 to W6. Further, the Workman has filed photocopies of documents in support of
his claim which are discussed as under: -
Ex. W1 is the memo of marks, Ex. W2 is the transfer certificate and Ex. W3 is the caste certificate of the Petitioner.
Ex. W4 is the service certificate Ex. W5 is the telegram. Ex. W6 is the call letter for interview. Ex.W7 is the list of
the panel workers. Ex.W8 is the service Certificate.
21.
On the other hand, Respondent has examined witness MW1 Sri K.. Bala Kotaiah and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Messengerial Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 General Attendant Panel. Ex.M11 is the Judgment of
Hon‘ble High Court of A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme
Court of India in SLP No. 11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2885
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, Cuddapah Main branch in terminating the services of
Workman Sri Sonta Nityapujaiah, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
Findings:-
25.
Point No.I:-Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding
where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof
has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in the
aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued that
the Workman after going through the selection procedure has successfully been listed in the panel for appointment on
the permanent basis in the Respondent management and the empanelled list has to be valid till last person in the
empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and 31.3.97, has been
issued by Respondent management thereby the services of the Workman has been terminated and the said order is not
in consonance of the terms of the agreement entered into between the parties. Further, Workman submits that the
Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list which is illegal and
that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97 incorporated in the
aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been decided
by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide letter dated
25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial category
from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of settlements
entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by Respondent
Management is also direction to Branch Manager, State Bank of India not to make any temporary messengerial
category appointment with effect from 1.4.1997 and it has also been communicated to all concerned that the panels
of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997. Further, office
order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said office order has
been issued to this effect that, ―Consequent on absorption of temporary employees in permanent cadre, it has been
decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
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[PART II—SEC. 3(ii)]
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh..... 1990 II LLJ
510 AP para 414, Hon‘ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial Disputes
Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years. The settlement
was to be in force upto 30th June 1986 and the next settlement, incorporating practically the same terms, was again
entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act. There is no dispute that these
settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It can
only decide in the first appeal whether a termination by the management is valid or not and is within the parameters
of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide whether a settlement
entered into under Section 18(1) of the Industrial Disputes Act between the representatives of the Workmen and of the
Management, is vitiated by undue influence or misrepresentation or coercion on the part of the Management. The
Authority, namely, the Assistant Commissioner of Labour, was never intended by the A.P. Legislature to have
jurisdiction to go into the question of the validity of a settlement arrived at under Section 18 of the Industrial Disputes
Act by an Industrial Court. That Parliament has, in fact, constituted Industrial Courts under the Industrial Disputes
Act, with extensive powers cannot be disputed. What we mean to say is that the Authority under Section 41(1) of the
A.P. Act has no jurisdiction what-so-ever either to question or to decide about the validity of any such settlements. If
parties to a settlement have a grievance about the validity of a settlement, it is for them to agitate the matter before
the appropriate forum and they cannot ask an Authority constituted under Section 41(1) of the A.P. Shops and
Establishments Act, 1966 with limited jurisdiction, to go into any such question and, that too, incidentally while
deciding whether retirement as per the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or misrepresentation or
coercion on the part of the management. If the Workman feeling aggrieved by any terms of settlement/ agreement on
the aforementioned grounds then he can challenge of settlement before a competent authority under the Act, 1947.
But here in the instant matter it is not a case of Workman that aforementioned settlement has been entered into
between the parties on the ground of undue influence or misrepresentation or coercion. Therefore, Workman is barred
to raise any objection in respect of fixing the date of lapse of both panels on 31.3.1997 as agreed between both the
parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR 322,
Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a finding
at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other hand, we feel
that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner. The Tribunal is,
rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement was binding on the
company and the members of the 3rd Respondent union. Even so, the Tribunal devoted nearly half of its order in
scanning the evidence given by the company and Respondent No. 3 to find out whether the terms of the settlement had
been explained by the President of the union to the workmen or not and whether the workers voluntarily accepted the
settlement knowing all the "consequences". This to our mind is again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture. It is
not necessary that each individual worker should know the implications of the settlement since a recognised union,
which is expected to protect the legitimate interests of labour, enters into a settlement in the best interests of labour.
This would be the normal rule. We cannot altogether rule out exceptional cases where there may be allegations of
mala fides, fraud or even corruption or other induce- ments. Nothing of that kind has been suggested against the
President of the 3rd Respondent in this case. That being the position, prima facie, this is a settlement in the course of
collective bargaining and, therefore, is entitled to due weight and consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others bad.
Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the other
advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to be
accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before this Court
the 3rd Respondent representing admittedly the large majority of the workmen has stood by this settlement and that is
a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we cannot also be oblivious of the
fact that all workmen of the company have accepted the settlement. Besides, the period of settlement has since expired
and we are informed that the employer and the 3rd Respondent are negotiating another settlement with further
improvements. These factors, apart from what has been stated above, and the need for industrial peace and harmony
when a union backed by a large majority of workmen has accepted a settlement in the course of collective bargaining
have impelled us not to interfere with this settlement. That being the position, we unhold the settlement as fair and just
and order that the award of the Tribunal shall be substituted by the settlement dated October 18, 1973. The said
settlement shall be the substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2887
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the period
of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days'
average pay for every completed year of continuous service] or any part thereof in excess of six months; and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be specified
by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service,
including service which may be interrupted on account of sickness or authorized leave or an accident or a strike
which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or six
months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the date of
termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the reference of
decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim was
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denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days in the year
preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor and that cannot be
regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in fact the claimant had
worked for 240 days in a year These aspects were highlighted in Range Forest Officer v. S.T. Hadimani (2002 (3)
SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that regard was produced. Mere
non-production of the muster roll for a particular period was not sufficient for the Labour Court held that the
Workman had worked for 240 days as claimed."
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the Workman to
show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In
M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:
"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial
Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn
erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex
Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down the
principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for a fiction
to treat a Workman in continuous service for a period of one year despite the fact that he has not rendered
uninterrupted service for a period of one year but he has rendered period of 240 days during the period of 12
calendar service for months counting backwards and just preceding the relevant date being the date of retrenchment.
In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to determine first the relevant
date, ie the date of termination of service which is complained of as retrenchment. After that date is ascertained. move
backward to a period of 12 months just preceding the date of retrenchment and then ascertain whether within the
period of 12 months, the Workman has rendered service for a period of 240 days. If these three facts are affirmatively
answered in favor of the Workman pursuant to the deeming fiction enacted in clause (2)(a) it will have to be assumed
that the Workman is in continuous service for a period of one year and he will satisfy the eligibility qualification
enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who has
actually worked under the employer for not less than 240 days during a period of twelve months shall be deemed to
have been in continuous service for a period of one year whether or not he has in fact been in such continuous service
for a period of one year. It is enough that he has worked for 240 days in a period of 12 months, it is not necessary that
he should have been in the service of the employer for one whole year."
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on principle
and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not in employment
for a period of 12 calendar months, but has rendered service for a period of 240 days within the period of 12
calendar months commencing and counting backwards from the relevant date, i.e. the date of retrenchment. If he has,
he would be deemed to be in continuous service for a period of one year for the purpose of section 25B and
Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of proof lies
upon the Workman to show that he has completed 240 days of the service with the Respondent just preceding from
the date of his termination. Further, in respect of the employment of calculating the 240 days service in view of the
contents of Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“My name was not sponsored by any employment exchange. I did not undergo regular process of selection before
my appointment as temporary attendar..”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously in any 12
months of a calendar year just preceding from the date of his termination in the Respondent bank. Therefore,
Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240 days
continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of the
[भाग II—खण् ड 3(ii)]
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Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
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[PART II—SEC. 3(ii)]
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon‘ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India in
respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular to all of
its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from 1.6.1982 and
appoint only empanelled candidates. The regional office was to prepare a panel of eligible candidates, after calling
names from the local/district employment exchange, and split it up branch-wise. Following that new procedure yearly
panels were prepared thereafter. Names of the Respondents were for the first time included in the panel prepared for
the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the Bank had informed the Respondents that the panel
was valid for one year only and that inclusion of their names in the panel was not to confer on them any right to seek
permanent appointment in the service of the bank. Considering the object with which the panel was prepared and the
fact that it was an yearly panel expiring on 6.2.1988, we are of the opinion that the Respondents did not get any right,
because of inclusion of their names in the said panel, for permanent absorption in the service of the Bank. Whatever
conditional right they had came to an end with the expiry of the panel. The claim of the Respondents, as contained in
the writ petition was thus misconceived and therefore the learned single Judge and the Division Bench, when it first
decided the appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and conditions of the
5th Settlement the contention of the Workman that empanelled list should continue even after 31.3.1997 till the last
[भाग II—खण् ड 3(ii)]
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2891
Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless in view of recital in
the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I regarding binding
nature of Settlements and terms and conditions enumerated therein, in view of the provision contained u/s.18(1) of the
I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view of terms of settlement
dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till last man absorbed has
no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“I made an application in response to an advertisement issued by the bank in terms of the settlements entered into by
the union with the Management…. Further, witness states, The panel was prepared depending upon the number of
days of service of the temporary employees. Some of the persons whose names were included in the panel were given
appointment on regular basis in order of their seniority in the panel…. Further witness states, I am not having any
papers to show that any of my juniors are continuing in service in the bank.”
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in terms of
various settlements entered into between Staff Federation of State Bank of India and State Bank of India and it was
prepared on the basis of number of days of work put in by the temporary employees. Further, the Workman himself
admitted that some of the temporary employees whose names were included in the panel were given regular
appointment in the bank in order of their seniority in the panel and he is not having any document to show that any
person who worked for less number of days than the Workman was given appointment in the bank. Therefore, the
allegation of the Workman that the regular appointment has been made by the bank from the panel list in breach of
the terms of the settlement and violation of seniority of panel list is not proved by this evidence of WW1. Thus,
there is no evidence on record that bank has given the appointment to the temporary employees as well as daily
wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There is no
evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the seniority.
Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from panel list in
order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on 31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
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[PART II—SEC. 3(ii)]
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to order
regularisation, where such a direction would in the context of public employment offend the provisions contained
in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status of
permanency continues to exist in circumstances where the employer has indulged in an unfair labour practice by not
filling up permanent posts even though such posts are available and by continuing to employ workmen as temporary
or daily wage employees despite their performing the same work as regular workmen on lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years of
service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be open
to workmen who have been deprived of the same benefit at par with the workmen who have been regularised to make
a complaint before the Labour or Industrial Court, since the deprivation of the benefit would amount to a violation of
Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of the
ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them for years,
with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant matter the
Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer has
indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date of
judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by a
statute and statutory rules. No appointment can be made by a Local Authority without following the provisions of the
recruitment rules. Any appointment made in violation of the said rules as also the constitutional scheme of equality as
contained in Articles 14 and 16 of the Constitution of India would be a nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible, but by
reason thereof an employee cannot claim any right to be permanently absorbed in service or made permanent in
absence of any statute or statutory rules. Merely because an employee has completed 240 days of work in a year
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2893
preceding the date of retrenchment, the same would not mean that his services were liable to be regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for absorption merely
on the basis of number of day of work in the Respondent bank Branch is not acceptable. As regard plea of the
Workman that the Workman should have been given employment even after 31.3.1997 as temporary Workman, it is
the discretion of Respondent to engage the Workman depending upon availability of work and this Tribunal can not
direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme Court and
few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme Court have
held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Article
14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered discretion in public law:
A public authority possesses powers only to use them for public good. This impose the duty to act fairly and to adopt
a procedure which is `fairplay in action'. Due observance of this obligation as a part of good administration raises a
reasonable or legitimate expectation in every citizen to be treated fairly in his interaction with the State and its
instrumentalities, with this element forming a necessary component of the decision making process in all State
actions. To satisfy this requirement of non- arbitrariness in a State action, it is, therefore, necessary to consider and
give due weight to the reasonable or legitimate expectations of the persons likely lo be affected by the decision or else
that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona
fides of the decision in a given case. The decision so made would be exposed to challenge on the ground of
arbitrariness. Rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but
providers for control of its exercise by judicial review.”
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP No.193/1997,
therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it was a
permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services were not
liable to be terminated and he was to be regularised into service on permanent basis. Shastry award warrants that no
temporary appointment can be made to a permanent post. But the matter is now covered by two division bench
judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of 1982. The ratio decided in the
two judgements is to the effect that there cannot be any mandate to appoint employees on permanent basis when the
requirement was for appointment on temporary basis. But it is held in the said judgements that when a temporary
appointee is ousted from service and not for misconduct and, if again temporary appointment is to be made, then, the
case of such temporary appointee who was ousted, has got to be considered in accordance with Sec. 25-H of
the Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein Hon‘ble
Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities must
consider his case for regularization provided he is eligible and qualified according to the rules and his service record
is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to instant case of
Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh, and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it was
decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists concurrently.
A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another settlement was
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[PART II—SEC. 3(ii)]
entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies arising up to
December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so prepared were
to be considered against vacancies arising from January 1995 to December 1996, thereafter the said panels lapse.
MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including part time
attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-messengerial
positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled before the
empanelled list is allowed to lapse. Thus, in both the cases empanelled list were lapsed on 1.4.1997. Ex.M6 is the
copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of understanding
was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned will lapse on
31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the statements giving
the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non- messenger panel,
Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included in the 1989
panel. As the existing vacancies at that time were exhausted and his turn did not come, he could not be given
permanent employment in the bank as per the agreements. All the appointments were made strictly in accordance
with the settlements reached from time to time between SBI and SBI staff federation and as per seniority, number of
days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner was not
sponsored by any employment exchange he did not undergo the regular process of selection required for appointment
as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary service in
the bank. The petitioner and other temporary employees were terminated from service by the bank. Further, MW1
states that the vacancies were filled up on regular basis with the temporary employees from the panels and these
panels were expired in terms of the settlements so reached and there were no vacancies to absorb such employees.
Thus, witness MW1 has proved the documents, Ex.M1 to Ex.M12 and also contentions made in the counter.
However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover, the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such, but their services were not utilized after the cutoff date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontroverted, the claim of the Workman that he was entitled for
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No. IV: - In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
AWARD
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri Sonta Nityapujaiah, Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the
Petitioner is not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence,
dismissed. Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt.K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 25th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri Sonta Nityapujaiah
MW1: Sri K. Bala Kotaiah
[भाग II—खण् ड 3(ii)]
भारत का राजृत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2895
Documents marked for the Petitioner
Ex.W1: Photocopy of memo of marks
Ex.W2: Photocopy of the transfer certificate
Ex.W3: Photocopy of caste certificate of the Petitioner
Ex.W4: Photocopy of service certificate
Ex.W5: Photocopy of telegram
Ex.W6: Photocopy of call letter for interview
Ex.W7: Photocopy of the list of the panel workers
Ex.W8: Photocopy of service Certificate.
Documents marked for the Respondent
Ex.M1:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.17.11.87
Ex.M2:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.16.7.88
Ex.M3:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.9.1.1991
Ex.M5:
Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
Ex.M7:
Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8:
Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9:
Photocopy of statement of 1989 Non-messenger panel
Ex.M10:
Photocopy of statement of 1992 panel
Ex.M11:
Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12:
Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
2896
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
नई ददल्ली, 1 अप्रैल, 2026
का.आ. 582.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a35/2001) izdkf”kr djrh gSA
[सं. ,y - 12012/402/2000- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 1st April, 2026
S.O. 582.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.35/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/402/2000- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 24th day of February, 2026
INDUSTRIAL DISPUTE No. 35/2001
Between:
Sri Gandham Raju
8/625/7, Prakash Nagar,
Yerramukkapalli,
Dist. Cuddapah.
… Petitioner
And
The Dy. General Manager,
State Bank of India,
Zonal Office,
Renigunta Road,
Thirupathi – 517 501.
…Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/402/2000-IR(B.I) dated 7.6.2001
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 requiring this forum to decide the question:
SCHEDULE
―Whether the action of the management of State Bank of India, Cuddpah Main branch in terminating the
services of Sri Gandham Raju, Messenger is justified? If not, what relief he is entitled?‖
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2897
After receipt of the reference, it was numbered as ID No. 35/2001 and notices were issued to both the
Workman and the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favor of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the aggrieved
Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble High Court of
Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ petitions and
set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases by Central
Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State Bank of
India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to their
termination and further directed to consider their cases for regularization as and when the substantive vacancy arises.
This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch petitions was
challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of 2014. The
aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High Court of
Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal was pleased
to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal,
the proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than
one. Firstly, in such matters, claims have to be decided on individual basis, as different persons have different
claims as to the length of officiation or discharge of duties and functions; quality of engagement, drawings,
accounting of the post for each one of them, who have worked etc. AIl these issues will not be the same in all the
cases. Therefore, each case ought to have been directed to be decided by the Tribunal afresh on individual
basis. The second and most important aspect is the learned single Judge has in one go ordered re-employment
of all the workmen. This is not a relief that could have been granted without answering the individual issues;
each issue relating to each case could not have been decided by the writ Court within the format of its
adjudication procedures and scope. The adjudicating body, which has to do that activity, is the Industrial
Tribunal. Therefore, we are of the view that while we would sustain the order of the learned singe Judge insofar
as it interfered and sets aside the award of the Tribunal, the further findings and directions, issued through the
impugned order have to go and the individual cases have to be sent back for consideration of the Tribunal. Such
further procedure before the Tribunal will have to be carried forward with the materials already on record and
also by affording an opportunity to the persons, who have claims as well as the management to place their rival
contentions and further material before the Tribunal. The learned counsel appearing for the workmen are
justified in pointing out that enormous delay has already happened and further action by the Tribunal in this
line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common
award dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an
outer limit of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014 and
batch cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in view of
the aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement dated
20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that
the Workman joined in the service of the management institution as Messenger from 1988 to April,1996 and has
rendered unblemished service spreading over a period of about 9 years. The Respondent has terminated services of
Workman by oral orders with effect from April, 1996. Further, it is submitted that the management of Respondent
bank decided to give a chance to temporarily employed personnel ―found suitable for permanent appointment‖ by
wait- listing them by offering permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were listed.
That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have completed
270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed minimum
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate temporary
service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid up to December 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May 1989 was held.
A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to be
valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the years
1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the panel,
eligible temporary employees who have been empanelled could not appear in the earlier interviews and have been
pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st settlement
(Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd settlement (Ex
M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement (Ex M6). In
between there are minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all these
settlements which were extended by subsequent settlements thereby created reasonable expectations in the list of the
selected candidates arose with that it‘s a question of time their appointments or services would be regularized in the
services of the bank. The Workman was working with the bank on temporary basis was under the bonafide hope that
sooner his services will be regularized with the bank. He is thereby closed all his options elsewhere. It is needless to
point out that employing person to whom hope of employment in substantial terms was made is a facet of Article 21
of the Constitution of India.
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March 1997. The Hon‘ble High Court
also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid up to December, 1991, and on the basis of a
settlement dated 27.10.1988 whereby the panels were made alive up to 31.3.1997 under which the panel was valid up
to December, 1999. The other agreement dated 16.7.1988 under which the panel was valid up to 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive up to 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2899
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees wherein they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without jurisdiction
and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of Understanding dated
27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is not published anywhere
to brought to the notice of the Workman whose rights are being affected. It is submitted that Management did not
adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90 in the year 1995. The
same was not followed in the year 1997 despite there being vacancies.The management has followed the
procedure of calling candidates through Employment exchange instead of giving chance to the empanelled candidates
like the Workman here. It is pertinent to mention here that the Respondent Management sent letters to all similarly
situated candidates like the Workman in the month of June 1997, subsequent to the passing of impugned termination
orders. After knowing the facts that the candidates are litigating, the Management refused to engage these candidates.
It is once again reiterated that the panels are meant for absorption but not for termination. It was the duty of the
Management to engage the empanelled candidates like the Workman even in temporary vacancies till they are
absorbed permanently in regular vacancies. Hence, the action of the Respondent Management terminating the
services of the Workman by oral order dated 31.3.97 is unjust, illegal, violative of principles of natural justice and
hence, the Management be directed to reinstate and absorb the Workman and to grant all incidental and consequential
benefits.
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2901
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended up to 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed
that while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
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[PART II—SEC. 3(ii)]
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex.W1 to W6. Further, the Workman has filed photocopies of documents in support of
his claim which are discussed as under:-
Ex.W1 Memo of marks of the Petitioner. Further Ex.W2 is the Transfer Certificate Ex.W3 is the Caste certificate.
Ex.W4 is the Service certificate dated 07.08.1992 issued by the Respondent. Ex W5 is the letter dated 07.08.1992
calling the Petitioner for interview. Ex. W6 is the Service certificate dated Nill issued by the Respondent.
21.
On the other hand, Respondent has examined witness MW1 Sri K Bala Kotaiah and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Messengerial Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 General Attendant Panel. Ex.M11 is the Judgment of
Hon‘ble High Court of A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme
Court of India in SLP No. 11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, , Zonal office Tirupati in terminating the services of
Workman Sri Gandham Raju a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
Findings: -
25.
Point No.I:-
Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and
30.7.1996, minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed
between the State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of
I.D. Act, 1947 read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2903
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding
where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof
has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in
the aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued
that the Workman after going through the selection procedure has successfully been listed in the panel for
appointment on the permanent basis in the Respondent management and the empanelled list has to be valid till last
person in the empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and
31.3.97, has been issued by Respondent management thereby the services of the Workman has been terminated and
the said order is not in consonance of the terms of the agreement entered into between the parties. Further, Workman
submits that the Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list
which is illegal and that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97
incorporated in the aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been
decided by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide
letter dated 25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial
category from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of
settlements entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by
Respondent Management is also direction to Branch Manager, State Bank of India not to make any temporary
messengerial category appointment with effect from 1.4.1997 and it has also been communicated to all concerned
that the panels of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997.
Further, office order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said
office order has been issued to this effect that, ―Consequent on absorption of temporary employees in permanent
cadre, it has been decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh.....
1990 II LLJ 510 AP para 414, Hon’ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial
Disputes Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years.
The settlement was to be in force upto 30th June 1986 and the next settlement, incorporating practically the
same terms, was again entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act.
There is no dispute that these settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It
can only decide in the first appeal whether a termination by the management is valid or not and is within the
parameters of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide
whether a settlement entered into under Section 18(1) of the Industrial Disputes Act between the representatives
of the Workmen and of the Management, is vitiated by undue influence or misrepresentation or coercion on the
part of the Management. The Authority, namely, the Assistant Commissioner of Labour, was never intended by
the A.P. Legislature to have jurisdiction to go into the question of the validity of a settlement arrived at
under Section 18 of the Industrial Disputes Act by an Industrial Court. That Parliament has, in fact, constituted
2904
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Industrial Courts under the Industrial Disputes Act, with extensive powers cannot be disputed. What we mean to
say is that the Authority under Section 41(1) of the A.P. Act has no jurisdiction what-so-ever either to question
or to decide about the validity of any such settlements. If parties to a settlement have a grievance about the
validity of a settlement, it is for them to agitate the matter before the appropriate forum and they cannot ask an
Authority constituted under Section 41(1) of the A.P. Shops and Establishments Act, 1966 with limited
jurisdiction, to go into any such question and, that too, incidentally while deciding whether retirement as per
the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or
misrepresentation or coercion on the part of the management. If the Workman feeling aggrieved by any terms of
settlement/ agreement on the aforementioned grounds then he can challenge of settlement before a competent
authority under the Act, 1947. But here in the instant matter it is not a case of Workman that aforementioned
settlement has been entered into between the parties on the ground of undue influence or misrepresentation or
coercion. Therefore, Workman is barred to raise any objection in respect of fixing the date of lapse of both panels
on 31.3.1997 as agreed between both the parties and Workman cannot challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR
322, Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for
a finding at all in view of 1his Court's order. As observed above that was not a correct assumption. On the
other hand, we feel that this view of the Tribunal has led it to approach the matter in an entirely erroneous
manner. The Tribunal is, rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act
the settlement was binding on the company and the members of the 3rd Respondent union. Even so, the
Tribunal devoted nearly half of its order in scanning the evidence given by the company and Respondent No.
3 to find out whether the terms of the settlement had been explained by the President of the union to the
workmen or not and whether the workers voluntarily accepted the settlement knowing all the
"consequences". This to our mind is again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the
picture. It is not necessary that each individual worker should know the implications of the settlement since a
recognised union, which is expected to protect the legitimate interests of labour, enters into a settlement in
the best interests of labour. This would be the normal rule. We cannot altogether rule out exceptional cases
where there may be allegations of mala fides, fraud or even corruption or other induce- ments. Nothing of
that kind has been suggested against the President of the 3rd Respondent in this case. That being the
position, prima facie, this is a settlement in the course of collective bargaining and, therefore, is entitled to
due weight and consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and
others bad. Unless it can be demonstrated that the objectionable portion is such that it completely outweighs
all the other advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The
settlement has to be accepted or rejected as a whole and we are unable to reject it as a whole as unfair or
unjust. Even before this Court the 3rd Respondent representing admittedly the large majority of the workmen
has stood by this settlement and that is a strong factor which it is difficult to ignore. As stated elsewhere in
the judgment, we cannot also be oblivious of the fact that all workmen of the company have accepted the
settlement. Besides, the period of settlement has since expired and we are informed that the employer and the
3rd Respondent are negotiating another settlement with further improvements. These factors, apart from
what has been stated above, and the need for industrial peace and harmony when a union backed by a large
majority of workmen has accepted a settlement in the course of collective bargaining have impelled us not to
interfere with this settlement. That being the position, we unhold the settlement as fair and just and order
that the award of the Tribunal shall be substituted by the settlement dated October 18, 1973. The said
settlement shall be the substituted award. The appeal is disposed of accordingly. There will be no order as to
costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2905
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the
period of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the
notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen
days' average pay for every completed year of continuous service] or any part thereof in excess of six months;
and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be
specified by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted
service, including service which may be interrupted on account of sickness or authorized leave or an accident
or a strike which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of
the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or
six months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the
date of termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the
reference of decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim
was denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days
in the year preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor
and that cannot be regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in
fact the claimant had worked for 240 days in a year These aspects were highlighted in Range Forest Officer v.
S.T. Hadimani (2002 (3) SCC 25. No proof of receipt of salary or wages for 240 days or order or record in
that regard was produced. Mere non-production of the muster roll for a particular period was not sufficient
for the Labour Court held that the Workman had worked for 240 days as claimed."
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[PART II—SEC. 3(ii)]
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the
Workman to show that he was working for more than 240 days in the preceding one year prior to his alleged
retrenchment." In M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in
paragraph 11 as follows: "The above burden having not been discharged and the Labour Court having held so, in our
opinion, the Industrial Court and the High Court erred in basing an order of reinstatement solely on an adverse
inference drawn erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the
Apex Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of
service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down
the principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for a
fiction to treat a Workman in continuous service for a period of one year despite the fact that he has not rendered
uninterrupted service for a period of one year but he has rendered period of 240 days during the period of 12
calendar service for months counting backwards and just preceding the relevant date being the date of retrenchment.
In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to determine first the relevant
date, ie the date of termination of service which is complained of as retrenchment. After that date is ascertained. move
backward to a period of 12 months just preceding the date of retrenchment and then ascertain whether within the
period of 12 months, the Workman has rendered service for a period of 240 days. If these three facts are affirmatively
answered in favor of the Workman pursuant to the deeming fiction enacted in clause (2)(a) it will have to be assumed
that the Workman is in continuous service for a period of one year and he will satisfy the eligibility qualification
enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the
legislative exposition of which note must be taken. In fact, we need not further dilate upon this aspect
because in Surendra Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New
Delhi and Anr., Chinnappa Reddy. J., after noticing the amendment and referring to the decision in Sur
Enamel and Stamping Works (P) Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman
who has actually worked under the employer for not less than 240 days during a period of twelve months
shall be deemed to have been in continuous service for a period of one year whether or not he has in fact
been in such continuous service for a period of one year. It is enough that he has worked for 240 days in a
period of 12 months, it is not necessary that he should have been in the service of the employer for one whole
year."
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on
principle and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is
not in employment for a period of 12 calendar months, but has rendered service for a period of 240 days
within the period of 12 calendar months commencing and counting backwards from the relevant date, i.e. the
date of retrenchment. If he has, he would be deemed to be in continuous service for a period of one year for
the purpose of section 25B and Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of
proof lies upon the Workman to show that he has completed 240 days of the service with the Respondent just
preceding from the date of his termination. Further, in respect of the employment of calculating the 240 days service
in view of the contents of Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“I was not sponsored by any employment exchange. I did not undergo regular process of selection before
my engagement as temporary non-messenger in the branch..”
“It is true that I did not work for 240 days in any year in my entire service in a single branch.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously
in any 12 months of a calendar year just preceding from the date of his termination in the Respondent bank.
Therefore, Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240
days continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of
the Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2907
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
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[PART II—SEC. 3(ii)]
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank
and Ors vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon’ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India
in respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular
to all of its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from
1.6.1982 and appoint only empanelled candidates. The regional office was to prepare a panel of eligible
candidates, after calling names from the local/district employment exchange, and split it up branch-wise.
Following that new procedure yearly panels were prepared thereafter. Names of the Respondents were for the
first time included in the panel prepared for the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the
Bank had informed the Respondents that the panel was valid for one year only and that inclusion of their names
in the panel was not to confer on them any right to seek permanent appointment in the service of the bank.
Considering the object with which the panel was prepared and the fact that it was an yearly panel expiring on
6.2.1988, we are of the opinion that the Respondents did not get any right, because of inclusion of their names
in the said panel, for permanent absorption in the service of the Bank. Whatever conditional right they had
came to an end with the expiry of the panel. The claim of the Respondents, as contained in the writ petition was
thus misconceived and therefore the learned single Judge and the Division Bench, when it first decided the
appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and
conditions of the 5th Settlement the contention of the Workman that empanelled list should continue even after
31.3.1997 till the last Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless
in view of recital in the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2909
regarding binding nature of Settlements and terms and conditions enumerated therein, in view of the provision
contained u/s.18(1) of the I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view
of terms of settlement dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till
last man absorbed has no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states: -
“I applied for appointment as messenger, in response to the advertisement issued by the bank in the year 1992,
…. Further, witness states, The panel was prepared basing upon the number of days of service put in by the
temporary employees. Some of the temporary employees whose names were included in the panel were given
regular appointment in the bank in order of their seniority in the panel…. Further witness states, I am not
having any document to show that any of my juniors are continuing in service in the bank.”
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in
terms of various settlements entered into between Staff Federation of State Bank of India and State Bank of India
and it was prepared on the basis of number of days of work put in by the temporary employees. Further, the
Workman himself admitted that some of the temporary employees whose names were included in the panel were
given regular appointment in the bank in order of their seniority in the panel and he is not having any document to
show that any person who worked for less number of days than the Workman was given appointment in the bank.
Therefore, the allegation of the Workman that the regular appointment has been made by the bank from the panel list
in breach of the terms of the settlement and violation of seniority of panel list is not proved by this evidence of
WW1. Thus, there is no evidence on record that bank has given the appointment to the temporary employees as well
as daily wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There
is no evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the
seniority. Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from
panel list in order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on
31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
2910
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[PART II—SEC. 3(ii)]
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to
order regularisation, where such a direction would in the context of public employment offend the provisions
contained in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status
of permanency continues to exist in circumstances where the employer has indulged in an unfair labour
practice by not filling up permanent posts even though such posts are available and by continuing to employ
workmen as temporary or daily wage employees despite their performing the same work as regular workmen on
lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years
of service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be
open to workmen who have been deprived of the same benefit at par with the workmen who have been
regularised to make a complaint before the Labour or Industrial Court, since the deprivation of the benefit
would amount to a violation of Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of
the ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them
for years, with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant
matter the Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer
has indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date
of judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by
a statute and statutory rules. No appointment can be made by a Local Authority without following the
provisions of the recruitment rules. Any appointment made in violation of the said rules as also the
constitutional scheme of equality as contained in Articles 14 and 16 of the Constitution of India would be a
nullity.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2911
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible,
but by reason thereof an employee cannot claim any right to be permanently absorbed in service or made
permanent in absence of any statute or statutory rules. Merely because an employee has completed 240 days of
work in a year preceding the date of retrenchment, the same would not mean that his services were liable to be
regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for
absorption merely on the basis of number of day of work in the Respondent bank Branch is not acceptable. As
regard plea of the Workman that the Workman should have been given employment even after 31.3.1997 as
temporary Workman, it is the discretion of Respondent to engage the Workman depending upon availability of work
and this Tribunal can not direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme
Court and few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme
Court have held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform
to Article 14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered
discretion in public law: A public authority possesses powers only to use them for public good. This impose the
duty to act fairly and to adopt a procedure which is `fairplay in action'. Due observance of this obligation as a
part of good administration raises a reasonable or legitimate expectation in every citizen to be treated fairly in
his interaction with the State and its instrumentalities, with this element forming a necessary component of the
decision making process in all State actions. To satisfy this requirement of non- arbitrariness in a State action,
it is, therefore, necessary to consider and give due weight to the reasonable or legitimate expectations of the
persons likely lo be affected by the decision or else that unfairness in the exercise of the power may amount to
an abuse or excess of power apart from affecting the bona fides of the decision in a given case. The decision so
made would be exposed to challenge on the ground of arbitrariness. Rule of law does not completely eliminate
discretion in the exercise of power, as it is unrealistic, but providers for control of its exercise by judicial
review.”
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP
No.193/1997, therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it
was a permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services
were not liable to be terminated and he was to be regularised into service on permanent basis. Shastry award
warrants that no temporary appointment can be made to a permanent post. But the matter is now covered by
two division bench judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of
1982. The ratio decided in the two judgements is to the effect that there cannot be any mandate to appoint
employees on permanent basis when the requirement was for appointment on temporary basis. But it is held in
the said judgements that when a temporary appointee is ousted from service and not for misconduct and, if
again temporary appointment is to be made, then, the case of such temporary appointee who was ousted, has
got to be considered in accordance with Sec. 25-H of the Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein Hon‘ble
Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities
must consider his case for regularization provided he is eligible and qualified according to the rules and his
service record is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to
instant case of Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh, and they are
2912
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it
was decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists
concurrently. A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another
settlement was entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies
arising up to December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so
prepared were to be considered against vacancies arising from January 1995 to December 1996, thereafter the said
panels lapse. MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including
part time attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-
messengerial positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled
before the empanelled list is allowed to lapse. Thus in both the cases empanelled list were lapsed on 1.4.1997.
Ex.M6 is the copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of
understanding was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned
will lapse on 31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the
statements giving the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non-
messenger panel, Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included
in the 1989 panel. As the existing vacancies at that time were exhausted and his turn did not come he could not be
given permanent employment in the bank as per the agreements. All the appointments were made strictly in
accordance with the settlements reached from time to time between SBI and SBI staff federation and as per seniority,
number of days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner
was not sponsored by any employment exchange he did not undergo the regular process of selection required for
appointment as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary
service in the bank. The petitioner and other temporary employees were terminated from service by the bank.
Further, MW1 states that the vacancies were filled up on regular basis with the temporary employees from the panels
and these panels were expired in terms of the settlements so reached and there were no vacancies to absorb such
employees. Thus, witness MW1 has proved the documents Ex.M1 to Ex.M12 and also contentions made in the
counter. However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover, the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such, but their services were not utilized after the cutoff date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontraverted, the claim of the Workman that he was entitled for
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No.IV:- In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
AWARD
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri Gandham Raju, Ex. Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the
Petitioner is not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence,
dismissed. Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt.K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 24th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2913
WW1: Sri Gandham Raju
MW1: Sri K. Bala Kotaiah
Documents marked for the Petitioner
Ex.W1:
Photocopy of Memo of marks of the Petitioner
Ex.W2:
Photocopy of Memo of marks of the Petitioner
Ex.W3:
Photocopy of Caste certificate
Ex.W4:
Photocopy of Service certificate dated 07.08.1992 issued by the
Respondent
Ex.W5:
Photocopy of letter dated 07.08.1992 calling the Petitioner for interview
Ex.W6:
Photocopy of Service certificate dated Nil issued by the Respondent.
Documents marked for the Respondent
Ex.M1:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.17.11.87
Ex.M2:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.16.7.88
Ex.M3:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.9.1.1991
Ex.M5:
Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
Ex.M7:
Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8:
Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9:
Photocopy of statement of 1989 Non-messenger panel
Ex.M10:
Photocopy of statement of 1992 panel
Ex.M11:
Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12:
Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
नई ददल्ली, 6 अप्रैल , 2026
का.आ. 583.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh; ljdkj क
vf/kdj.k@Je U;k;ky;
ds iapkV (a36/2001) izdkf”kr djrh gSA
[सं. ,y - 12012/403/2000- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 583.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 36/2001) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/403/2000- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 25th day of February, 2026
2914
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
INDUSTRIAL DISPUTE No. 36/2001
Between:
Sri Gaddam Pushpa Raju,
Chennamukapalli Village,
Kothapally post, Kazipet Mandal,
Dist. Cuddapah.
… Petitioner
And
The Dy. General Manager,
State Bank of India ,
Zonal Office, Renigunta Road,
Tirupathi – 517 501.
…Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/403/2000-IR(B.I) dated 8.6.2001
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 requiring this forum to decide the question:
SCHEDULE
―Whether the action of the management of State Bank of India, Cuddapah Main Branch, in terminating the
services of Sri Gaddam Pushpa Raju, Messenger is justified? If not, what relief he is entitled?‖
After receipt of the reference, it was numbered as ID No. 36/2001 and notices were issued to both the
Workman and the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favor of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the
aggrieved Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble
High Court of Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ
petitions and set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases
by Central Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State
Bank of India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to
their termination and further directed to consider their cases for regularization as and when the substantive vacancy
arises. This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch
petitions was challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of
2014. The aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High
Court of Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal
was pleased to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal,
the proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than
one. Firstly, in such matters, claims have to be decided on individual basis, as different persons have different
claims as to the length of officiation or discharge of duties and functions; quality of engagement, drawings,
accounting of the post for each one of them, who have worked etc. AIl these issues will not be the same in all the
cases. Therefore, each case ought to have been directed to be decided by the Tribunal afresh on individual
basis. The second and most important aspect is the learned single Judge has in one go ordered re-employment
of all the workmen. This is not a relief that could have been granted without answering the individual issues;
each issue relating to each case could not have been decided by the writ Court within the format of its
adjudication procedures and scope. The adjudicating body, which has to do that activity, is the Industrial
Tribunal. Therefore, we are of the view that while we would sustain the order of the learned singe Judge insofar
as it interfered and sets aside the award of the Tribunal, the further findings and directions, issued through the
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2915
impugned order have to go and the individual cases have to be sent back for consideration of the Tribunal. Such
further procedure before the Tribunal will have to be carried forward with the materials already on record and
also by affording an opportunity to the persons, who have claims as well as the management to place their rival
contentions and further material before the Tribunal. The learned counsel appearing for the workmen are
justified in pointing out that enormous delay has already happened and further action by the Tribunal in this
line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common
award dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an
outer limit of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014 and
batch cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in view of
the aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement dated
20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that
the Workman joined in the service of the management institution as Messenger from 1989-1997 and has rendered
unblemished service spreading over a period of about 8 years. The Respondent has terminated services of Workman
by oral orders with effect from 1.4.1997. Further, it is submitted that the management of Respondent bank decided to
give a chance to temporarily employed personnel ―found suitable for permanent appointment‖ by wait- listing them
by offering permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were listed.
That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have completed
270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed minimum
of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate temporary
service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid up to December 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May 1989 was held.
A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to be
valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the years
1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the panel,
eligible temporary employees who have been empanelled could not appear in the earlier interviews and have been
pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st settlement
(Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd settlement (Ex
M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement (Ex M6). In
between there are minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all these
settlements which were extended by subsequent settlements thereby created reasonable expectations in the list of the
selected candidates arose with that it‘s a question of time their appointments or services would be regularized in the
services of the bank. The Workman was working with the bank on temporary basis was under the bonafide hope that
sooner his services will be regularized with the bank. He is thereby closed all his options elsewhere. It is needless to
point out that employing person to whom hope of employment in substantial terms was made is a facet of Article 21
of the Constitution of India.
2916
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The Hon‘ble High
Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on the basis of a
settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel was valid
upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2917
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees wherein they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without jurisdiction
and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of Understanding dated
27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is not published anywhere
to brought to the notice of the Workman whose rights are being affected. It is submitted that Management did not
adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90 in the year 1995. The
same was not followed in the year 1997 despite there being vacancies.
The management has followed the
procedure of calling candidates through Employment exchange instead of giving chance to the empanelled candidates
like the Workman here. It is pertinent to mention here that the Respondent Management sent letters to all similarly
situated candidates like the Workman in the month of June, 1997, subsequent to the passing of impugned termination
orders. After knowing the facts that the candidates are litigating, the Management refused to engage these candidates.
It is once again reiterated that the panels are meant for absorption but not for termination. It was the duty of the
Management to engage the empanelled candidates like the Workman even in temporary vacancies till they are
absorbed permanently in regular vacancies. Hence, the action of the Respondent Management terminating the
services of the Workman by oral order dated 31.3.97 is unjust, illegal, violative of principles of natural justice and
hence, the Management be directed to reinstate and absorb the Workman and to grant all incidental and consequential
benefits.
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[PART II—SEC. 3(ii)]
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2919
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex. W1 to W8. Further, the Workman has filed photocopies of documents in support of
his claim which are discussed as under: -
Ex. W1 Appointment order. Further Ex. W2 is the Reference Order. Ex. W3 is the Government Instructions. Ex.
W4 is the service certificate. Ex.W5 to W8 are service certificates.
21.
On the other hand, Respondent has examined witness MW1 Sri K. Bala Kotaiah and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
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[PART II—SEC. 3(ii)]
27.2.1997. Ex.M8 is the Particulars of 1989 Messengerial Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 General Attendant Panel. Ex.M11 is the Judgment of
Hon‘ble High Court of A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme
Court of India in SLP No. 11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, Cuddapah main branch in terminating the services of
Workman Sri Gaddam Pushpa Raju, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
Findings:-
25.
Point No.I:-Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation
proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed
and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the
conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in
the aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued
that the Workman after going through the selection procedure has successfully been listed in the panel for
appointment on the permanent basis in the Respondent management and the empanelled list has to be valid till last
person in the empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and
31.3.97, has been issued by Respondent management thereby the services of the Workman has been terminated and
the said order is not in consonance of the terms of the agreement entered into between the parties. Further, Workman
submits that the Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list
which is illegal and that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97
incorporated in the aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been decided
by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide
letter dated 25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial
category from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2921
settlements entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by
Respondent Management is also direction to Branch Manager, State Bank of India not to make any temporary
messengerial category appointment with effect from 1.4.1997 and it has also been communicated to all concerned
that the panels of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997.
Further, office order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said
office order has been issued to this effect that, ―Consequent on absorption of temporary employees in permanent
cadre, it has been decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh.....
1990 II LLJ 510 AP para 414, Hon’ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial
Disputes Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years.
The settlement was to be in force upto 30th June 1986 and the next settlement, incorporating practically the
same terms, was again entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act.
There is no dispute that these settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It
can only decide in the first appeal whether a termination by the management is valid or not and is within the
parameters of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide
whether a settlement entered into under Section 18(1) of the Industrial Disputes Act between the representatives
of the Workmen and of the Management, is vitiated by undue influence or misrepresentation or coercion on the
part of the Management. The Authority, namely, the Assistant Commissioner of Labour, was never intended by
the A.P. Legislature to have jurisdiction to go into the question of the validity of a settlement arrived at
under Section 18 of the Industrial Disputes Act by an Industrial Court. That Parliament has, in fact, constituted
Industrial Courts under the Industrial Disputes Act, with extensive powers cannot be disputed. What we mean to
say is that the Authority under Section 41(1) of the A.P. Act has no jurisdiction what-so-ever either to question
or to decide about the validity of any such settlements. If parties to a settlement have a grievance about the
validity of a settlement, it is for them to agitate the matter before the appropriate forum and they cannot ask an
Authority constituted under Section 41(1) of the A.P. Shops and Establishments Act, 1966 with limited
jurisdiction, to go into any such question and, that too, incidentally while deciding whether retirement as per
the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or
misrepresentation or coercion on the part of the management. If the Workman feeling aggrieved by any terms of
settlement/ agreement on the aforementioned grounds then he can challenge of settlement before a competent
authority under the Act, 1947. But here in the instant matter it is not a case of Workman that aforementioned
settlement has been entered into between the parties on the ground of undue influence or misrepresentation or
coercion. Therefore, Workman is barred to raise any objection in respect of fixing the date of lapse of both panels
on 31.3.1997 as agreed between both the parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR
322, Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a
finding at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other
hand, we feel that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner.
The Tribunal is, rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement
was binding on the company and the members of the 3rd Respondent union. Even so, the Tribunal devoted
nearly half of its order in scanning the evidence given by the company and Respondent No. 3 to find out
whether the terms of the settlement had been explained by the President of the union to the workmen or not and
whether the workers voluntarily accepted the settlement knowing all the "consequences". This to our mind is
again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture.
It is not necessary that each individual worker should know the implications of the settlement since a
recognised union, which is expected to protect the legitimate interests of labour, enters into a settlement in the
2922
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
best interests of labour. This would be the normal rule. We cannot altogether rule out exceptional cases where
there may be allegations of mala fides, fraud or even corruption or other induce- ments. Nothing of that kind
has been suggested against the President of the 3rd Respondent in this case. That being the position, prima
facie, this is a settlement in the course of collective bargaining and, therefore, is entitled to due weight and
consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others
bad. Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the
other advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to
be accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before
this Court the 3rd Respondent representing admittedly the large majority of the workmen has stood by this
settlement and that is a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we
cannot also be oblivious of the fact that all workmen of the company have accepted the settlement. Besides, the
period of settlement has since expired and we are informed that the employer and the 3rd Respondent are
negotiating another settlement with further improvements. These factors, apart from what has been stated
above, and the need for industrial peace and harmony when a union backed by a large majority of workmen has
accepted a settlement in the course of collective bargaining have impelled us not to interfere with this
settlement. That being the position, we unhold the settlement as fair and just and order that the award of the
Tribunal shall be substituted by the settlement dated October 18, 1973. The said settlement shall be the
substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the
period of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the
notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen
days' average pay for every completed year of continuous service] or any part thereof in excess of six months;
and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be
specified by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2923
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted
service, including service which may be interrupted on account of sickness or authorized leave or an accident
or a strike which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of
the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or
six months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the
date of termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the
reference of decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim
was denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days
in the year preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor
and that cannot be regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in
fact the claimant had worked for 240 days in a year These aspects were highlighted in Range Forest Officer v.
S.T. Hadimani (2002 (3) SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that
regard was produced. Mere non-production of the muster roll for a particular period was not sufficient for the
Labour Court held that the Workman had worked for 240 days as claimed."
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the
Workman to show that he was working for more than 240 days in the preceding one year prior to his alleged
retrenchment." In M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in
paragraph 11 as follows: "The above burden having not been discharged and the Labour Court having held so,
in our opinion, the Industrial Court and the High Court erred in basing an order of reinstatement solely on an
adverse inference drawn erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the
Apex Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days
of service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down
the principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for a
fiction to treat a Workman in continuous service for a period of one year despite the fact that he has not rendered
uninterrupted service for a period of one year but he has rendered period of 240 days during the period of 12
calendar service for months counting backwards and just preceding the relevant date being the date of retrenchment.
In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to determine first the relevant
date, ie the date of termination of service which is complained of as retrenchment. After that date is ascertained. move
backward to a period of 12 months just preceding the date of retrenchment and then ascertain whether within the
period of 12 months, the Workman has rendered service for a period of 240 days. If these three facts are affirmatively
answered in favor of the Workman pursuant to the deeming fiction enacted in clause (2)(a) it will have to be assumed
that the Workman is in continuous service for a period of one year and he will satisfy the eligibility qualification
enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who
has actually worked under the employer for not less than 240 days during a period of twelve months shall be
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
deemed to have been in continuous service for a period of one year whether or not he has in fact been in such
continuous service for a period of one year. It is enough that he has worked for 240 days in a period of 12
months, it is not necessary that he should have been in the service of the employer for one whole year."
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on
principle and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not
in employment for a period of 12 calendar months, but has rendered service for a period of 240 days within the
period of 12 calendar months commencing and counting backwards from the relevant date, i.e. the date of
retrenchment. If he has, he would be deemed to be in continuous service for a period of one year for the
purpose of section 25B and Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of
proof lies upon the Workman to show that he has completed 240 days of the service with the Respondent just
preceding from the date of his termination. Further, in respect of the employment of calculating the 240 days service
in view of the contents of Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“I was not sponsored by any employment exchange and I did not undergo selection process required for
appointment in the bank..”
“I did not work for 240 days in any year in my entire service.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously
in any 12 months of a calendar year just preceding from the date of his termination in the Respondent bank.
Therefore, Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240
days continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of
the Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2925
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
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[PART II—SEC. 3(ii)]
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon’ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India
in respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular
to all of its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from
1.6.1982 and appoint only empanelled candidates. The regional office was to prepare a panel of eligible
candidates, after calling names from the local/district employment exchange, and split it up branch-wise.
Following that new procedure yearly panels were prepared thereafter. Names of the Respondents were for the
first time included in the panel prepared for the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the
Bank had informed the Respondents that the panel was valid for one year only and that inclusion of their names
in the panel was not to confer on them any right to seek permanent appointment in the service of the bank.
Considering the object with which the panel was prepared and the fact that it was an yearly panel expiring on
6.2.1988, we are of the opinion that the Respondents did not get any right, because of inclusion of their names
in the said panel, for permanent absorption in the service of the Bank. Whatever conditional right they had
came to an end with the expiry of the panel. The claim of the Respondents, as contained in the writ petition was
thus misconceived and therefore the learned single Judge and the Division Bench, when it first decided the
appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and
conditions of the 5th Settlement the contention of the Workman that empanelled list should continue even after
31.3.1997 till the last Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless
in view of recital in the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I
regarding binding nature of Settlements and terms and conditions enumerated therein, in view of the provision
contained u/s.18(1) of the I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view
of terms of settlement dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till
last man absorbed has no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“I applied in response to the advertisement issued by the bank and my name was inlucded in the panel in the
year 1992…. Further, witness states, The panel was prepared basing upon the number of days of service of the
temporary employees. Some of the temporary employees who were included in the panel were given
appointment on regular basis as per settlements in order of their seniority in the panel.…. Further witness
states, I am not having any papers to show that any person who had worked for a less no. of days than me was
given regular appointment in the bank.”
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in
terms of various settlements entered into between Staff Federation of State Bank of India and State Bank of India
and it was prepared on the basis of number of days of work put in by the temporary employees. Further, the
Workman himself admitted that some of the temporary employees whose names were included in the panel were
given regular appointment in the bank in order of their seniority in the panel and he is not having any document to
show that any person who worked for less number of days than the Workman was given appointment in the bank.
Therefore, the allegation of the Workman that the regular appointment has been made by the bank from the panel list
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2927
in breach of the terms of the settlement and violation of seniority of panel list is not proved by this evidence of
WW1. Thus, there is no evidence on record that bank has given the appointment to the temporary employees as well
as daily wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There
is no evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the
seniority. Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from
panel list in order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on
31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to
order regularisation, where such a direction would in the context of public employment offend the provisions
contained in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status
of permanency continues to exist in circumstances where the employer has indulged in an unfair labour
practice by not filling up permanent posts even though such posts are available and by continuing to employ
workmen as temporary or daily wage employees despite their performing the same work as regular workmen on
lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years
of service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be
open to workmen who have been deprived of the same benefit at par with the workmen who have been
regularised to make a complaint before the Labour or Industrial Court, since the deprivation of the benefit
would amount to a violation of Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of
the ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them
for years, with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant
matter the Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer
has indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
2928
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[PART II—SEC. 3(ii)]
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date
of judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by
a statute and statutory rules. No appointment can be made by a Local Authority without following the
provisions of the recruitment rules. Any appointment made in violation of the said rules as also the
constitutional scheme of equality as contained in Articles 14 and 16 of the Constitution of India would be a
nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible,
but by reason thereof an employee cannot claim any right to be permanently absorbed in service or made
permanent in absence of any statute or statutory rules. Merely because an employee has completed 240 days of
work in a year preceding the date of retrenchment, the same would not mean that his services were liable to be
regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for
absorption merely on the basis of number of day of work in the Respondent bank Branch is not acceptable. As
regard plea of the Workman that the Workman should have been given employment even after 31.3.1997 as
temporary Workman, it is the discretion of Respondent to engage the Workman depending upon availability of work
and this Tribunal can not direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme
Court and few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme Court have
held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform
to Article 14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered
discretion in public law: A public authority possesses powers only to use them for public good. This impose the
duty to act fairly and to adopt a procedure which is `fairplay in action'. Due observance of this obligation as a
part of good administration raises a reasonable or legitimate expectation in every citizen to be treated fairly in
his interaction with the State and its instrumentalities, with this element forming a necessary component of the
decision making process in all State actions. To satisfy this requirement of non- arbitrariness in a State action,
it is, therefore, necessary to consider and give due weight to the reasonable or legitimate expectations of the
persons likely lo be affected by the decision or else that unfairness in the exercise of the power may amount to
an abuse or excess of power apart from affecting the bona fides of the decision in a given case. The decision so
made would be exposed to challenge on the ground of arbitrariness. Rule of law does not completely eliminate
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2929
discretion in the exercise of power, as it is unrealistic, but providers for control of its exercise by judicial
review.”
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP
No.193/1997, therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it
was a permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services
were not liable to be terminated and he was to be regularised into service on permanent basis. Shastry award
warrants that no temporary appointment can be made to a permanent post. But the matter is now covered by
two division bench judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of
1982. The ratio decided in the two judgements is to the effect that there cannot be any mandate to appoint
employees on permanent basis when the requirement was for appointment on temporary basis. But it is held in
the said judgements that when a temporary appointee is ousted from service and not for misconduct and, if
again temporary appointment is to be made, then, the case of such temporary appointee who was ousted, has
got to be considered in accordance with Sec. 25-H of the Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein
Hon‘ble Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities
must consider his case for regularization provided he is eligible and qualified according to the rules and his
service record is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to
instant case of Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh, and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it was
decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists concurrently.
A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another settlement was
entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies arising up to
December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so prepared were
to be considered against vacancies arising from January 1995 to December 1996, thereafter the said panels lapse.
MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including part time
attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-messengerial
positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled before the
empanelled list is allowed to lapse. Thus, in both the cases empanelled list were lapsed on 1.4.1997. Ex.M6 is the
copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of understanding
was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned will lapse on
31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the statements giving
the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non- messenger panel,
Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included in the 1989
panel. As the existing vacancies at that time were exhausted and his turn did not come, he could not be given
permanent employment in the bank as per the agreements. All the appointments were made strictly in accordance
with the settlements reached from time to time between SBI and SBI staff federation and as per seniority, number of
days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner was not
sponsored by any employment exchange he did not undergo the regular process of selection required for appointment
as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary service in
the bank. The petitioner and other temporary employees were terminated from service by the bank. Further, MW1
states that the vacancies were filled up on regular basis with the temporary employees from the panels and these
panels were expired in terms of the settlements so reached and there were no vacancies to absorb such employees.
Thus, witness MW1 has proved the documents, Ex.M1 to Ex.M12 and also contentions made in the counter.
However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover, the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such, but their services were not utilized after the cutoff date as the
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontraverted, the claim of the Workman that he was entitled for
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No. IV: - In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
AWARD
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri Gaddam Pushpa Raju, Ex. Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the
Petitioner is not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence,
dismissed. Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt.K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 25th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri Gaddam Pushpa Raju
MW1: Sri K. Bala Kotaiah
Documents marked for the Petitioner
Ex.W1:
Photocopy of Appointment Order
Ex.W2:
Photocopy of Reference Order
Ex.W3:
Photocopy of Government Instructions
Ex.W4:
Photocopy of service certificate
Ex.W5 to
Ex.W8:
Photocopies of service certificates
Documents marked for the Respondent
Ex.M1:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.17.11.87
Ex.M2:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.16.7.88
Ex.M3:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.9.1.1991
Ex.M5:
Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
Ex.M7:
Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8:
Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9:
Photocopy of statement of 1989 Non-messenger panel
Ex.M10:
Photocopy of statement of 1992 panel
Ex.M11:
Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12:
Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2931
नई ददल्ली, 6 अप्रैल , 2026
का.आ. 584.— क fookn vf/kfu;e 1947 (a1947 dk 14) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a79/2002) izdkf”kr djrh gSA
[सं. एल - 12012/93/2000- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 584.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.79/2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/93/2000- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 24th day of February, 2026
INDUSTRIAL DISPUTE No. 79/2002
[Old ID No.90/2000 of Industrial Tribunal No.I, Hyderabad]
Between:
Sri Syed Khadervali,
S/o. Mohiddin, R/o. D.No. 6/299,
Behind RTC Bus Stand, Puttaparthi,
Ananthapur Dist.
…Petitioner
And
The Deputy General Manager,
State Bank of India, Zonal Office,
Renigunta Road, Tirupati A.P
…Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/93/2000-IR(B.I) dated 19.07.2000
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 to Industrial Tribunal No.I, Hyderabad for
adjudication and later the same has been transferred to this Tribunal bearing ID No.90/2000, as per orders of Central
Government vide Lr.No.H-11026/1/2001-IR(C.II) dated 18.10.2001, requiring this forum to decide the question:
2932
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
SCHEDULE
―Whether the action of the management of State Bank of India, Prasanthi Nilayam Branch in terminating
Sri Syed Khadarvali, Messanger, from the service of the Bank w.e.f. 31.03.1997 is justified? If not, what
relief he is entitled?‖
After receipt of the reference, it was numbered as ID No. 79/2002 and notices were issued to both the
Workman and the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favour of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the
aggrieved Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble
High Court of Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ
petitions and set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases
by Central Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State
Bank of India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to
their termination and further directed to consider their cases for regularization as and when the substantive vacancy
arises. This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch
petitions was challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of
2014. The aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High
Court of Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal
was pleased to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal,
the proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than
one. Firstly, in such matters, claims have to be decided on individual basis, as different persons have different
claims as to the length of officiation or discharge of duties and functions; quality of engagement, drawings,
accounting of the post for each one of them, who have worked etc. AIl these issues will not be the same in all the
cases. Therefore, each case ought to have been directed to be decided by the Tribunal afresh on individual
basis. The second and most important aspect is the learned single Judge has in one go ordered re-employment
of all the workmen. This is not a relief that could have been granted without answering the individual issues;
each issue relating to each case could not have been decided by the writ Court within the format of its
adjudication procedures and scope. The adjudicating body, which has to do that activity, is the Industrial
Tribunal. Therefore, we are of the view that while we would sustain the order of the learned singe Judge insofar
as it interfered and sets aside the award of the Tribunal, the further findings and directions, issued through the
impugned order have to go and the individual cases have to be sent back for consideration of the Tribunal. Such
further procedure before the Tribunal will have to be carried forward with the materials already on record and
also by affording an opportunity to the persons, who have claims as well as the management to place their rival
contentions and further material before the Tribunal. The learned counsel appearing for the workmen are
justified in pointing out that enormous delay has already happened and further action by the Tribunal in this
line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common
award dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an
outer limit of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014
and batch cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in
view of the aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement
dated 20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that,
the Workman joined in the service of the management institution as Messenger from 1986 to 1997, and has rendered
unblemished service spreading over a period of about 10 years. The Respondent has terminated services of
Workman by oral orders with effect from 1.4.1997. Further, it is submitted that the management of Respondent
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2933
bank decided to give a chance to temporarily employed personnel ―found suitable for permanent appointment‖ by
wait- listing them by offering permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were
listed. That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have
completed 270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed
minimum of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate
temporary service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid upto December, 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May, 1989 was
held. A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to
be valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the
years 1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the
panel, eligible temporary employees who have been empanelled could not appear in the earlier interviews and have
been pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st
settlement (Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd
settlement (Ex M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement
(Ex M6). In between there is minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all
these settlements which were extended by subsequent settlements thereby created reasonable expectations in the
list of the selected candidates arose with that it‘s a question of time their appointments or services would be
regularized in the services of the bank. The Workman was working with the bank on temporary basis was under
the bonafide hope that sooner his services will be regularized with the bank. He is thereby closed all his options
elsewhere. It is needless to point out that employing person to whom hope of employment in substantial terms was
made is a facet of Article 21 of the Constitution of India.
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P.. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The Hon‘ble High
Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on the basis of a
settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel was valid
upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
2934
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2935
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees where in they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without
jurisdiction and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of
Understanding dated 27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is
not published anywhere to brought to the notice of the Workman whose rights are being affected. It is submitted that
Management did not adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90
in the year 1995. The same was not followed in the year 1997 despite there being vacancies.
The
management has followed the procedure of calling candidates through Employment exchange instead of giving
chance to the empanelled candidates like the Workman here. It is pertinent to mention here that the Respondent
Management sent letters to the all similarly situated candidates like the Workman in the month of June, 1997,
subsequent to the passing of impugned termination orders. After knowing the facts that the candidates are litigating,
the Management refused to engage these candidates. It is once again reiterated that the panels are meant for
absorption but not for termination. It was the duty of the Management to engage the empanelled candidates like the
Workman even in temporary vacancies till they are absorbed permanently in regular vacancies. Hence, the action of
the Respondent Management terminating the services of the Workman by oral order dated 31.3.97 is unjust, illegal,
violative of principles of natural justice and hence, the Management be directed to reinstate and absorb the Workman
and to grant all incidental and consequential benefits.
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
2936
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2937
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex.W1 to W3. Further, the Workman has filed photocopies of documents in support of
his claim which are discussed as under:-
Ex.W1 No. of days worked certificate Ex. W2 is the notification Ex. W3 Pay drawn in 4 sheets.
21.
On the other hand, Respondent has examined witness MW1 Sri K. Bala Kotaiah and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Non Messenger Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 Panel. Ex.M11 is the Judgment of Hon‘ble High Court of
A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme Court of India in SLP No.
11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, Prasanthi Nilayam branch in terminating the services of
Workman Sri Syed Khadarvali, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
2938
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Findings:-
25.
Point No.I:- Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation
proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed
and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the
conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in
the aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued
that the Workman after going through the selection procedure has successfully been listed in the panel for
appointment on the permanent basis in the Respondent management and the empanelled list has to be valid till last
person in the empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and
31.3.97, has been issued by Respondent management thereby the services of the Workman has been terminated and
the said order is not in consonance of the terms of the agreement entered into between the parties. Further, Workman
submits that the Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list
which is illegal and that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97
incorporated in the aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been
decided by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide
letter dated 25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial
category from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of
settlements entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by
Respondent Management is also direction to Branch Manager, State Bank of India not to make any temporary
messengerial category appointment with effect from 1.4.1997 and it has also been communicated to all concerned
that the panels of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997.
Further, office order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said
office order has been issued to this effect that, ―Consequent on absorption of temporary employees in permanent
cadre, it has been decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh..... 1990 II LLJ
510 AP para 414, Hon’ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial
Disputes Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years.
The settlement was to be in force upto 30th June 1986 and the next settlement, incorporating practically the
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2939
same terms, was again entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act.
There is no dispute that these settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It
can only decide in the first appeal whether a termination by the management is valid or not and is within the
parameters of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide
whether a settlement entered into under Section 18(1) of the Industrial Disputes Act between the representatives
of the Workmen and of the Management, is vitiated by undue influence or misrepresentation or coercion on the
part of the Management. The Authority, namely, the Assistant Commissioner of Labour, was never intended by
the A.P. Legislature to have jurisdiction to go into the question of the validity of a settlement arrived at
under Section 18 of the Industrial Disputes Act by an Industrial Court. That Parliament has, in fact, constituted
Industrial Courts under the Industrial Disputes Act, with extensive powers cannot be disputed. What we mean to
say is that the Authority under Section 41(1) of the A.P. Act has no jurisdiction what-so-ever either to question
or to decide about the validity of any such settlements. If parties to a settlement have a grievance about the
validity of a settlement, it is for them to agitate the matter before the appropriate forum and they cannot ask an
Authority constituted under Section 41(1) of the A.P. Shops and Establishments Act, 1966 with limited
jurisdiction, to go into any such question and, that too, incidentally while deciding whether retirement as per
the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or
misrepresentation or coercion on the part of the management. If the Workman feeling aggrieved by any terms of
settlement/ agreement on the aforementioned grounds then he can challenge of settlement before a competent
authority under the Act, 1947. But here in the instant matter it is not a case of Workman that aforementioned
settlement has been entered into between the parties on the ground of undue influence or misrepresentation or
coercion. Therefore, Workman is barred to raise any objection in respect of fixing the date of lapse of both panels
on 31.3.1997 as agreed between both the parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR
322, Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a
finding at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other
hand, we feel that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner.
The Tribunal is, rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement
was binding on the company and the members of the 3rd Respondent union. Even so, the Tribunal devoted
nearly half of its order in scanning the evidence given by the company and Respondent No. 3 to find out
whether the terms of the settlement had been explained by the President of the union to the workmen or not and
whether the workers voluntarily accepted the settlement knowing all the "consequences". This to our mind is
again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture.
It is not necessary that each individual worker should know the implications of the settlement since a
recognised union, which is expected to protect the legitimate interests of labour, enters into a settlement in the
best interests of labour. This would be the normal rule. We cannot altogether rule out exceptional cases where
there may be allegations of mala fides, fraud or even corruption or other induce- ments. Nothing of that kind
has been suggested against the President of the 3rd Respondent in this case. That being the position, prima
facie, this is a settlement in the course of collective bargaining and, therefore, is entitled to due weight and
consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others
bad. Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the
other advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to
be accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before
this Court the 3rd Respondent representing admittedly the large majority of the workmen has stood by this
settlement and that is a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we
cannot also be oblivious of the fact that all workmen of the company have accepted the settlement. Besides, the
period of settlement has since expired and we are informed that the employer and the 3rd Respondent are
negotiating another settlement with further improvements. These factors, apart from what has been stated
above, and the need for industrial peace and harmony when a union backed by a large majority of workmen has
accepted a settlement in the course of collective bargaining have impelled us not to interfere with this
settlement. That being the position, we unhold the settlement as fair and just and order that the award of the
Tribunal shall be substituted by the settlement dated October 18, 1973. The said settlement shall be the
substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
2940
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the
period of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the
notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen
days' average pay for every completed year of continuous service] or any part thereof in excess of six months;
and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be
specified by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted
service, including service which may be interrupted on account of sickness or authorized leave or an accident
or a strike which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of
the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or
six months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the
date of termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2941
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the
reference of decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim
was denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days
in the year preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor
and that cannot be regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in
fact the claimant had worked for 240 days in a year These aspects were highlighted in Range Forest Officer v.
S.T. Hadimani (2002 (3) SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that
regard was produced. Mere non-production of the muster roll for a particular period was not sufficient for the
Labour Court held that the Workman had worked for 240 days as claimed."
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the Workman to
show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In
M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:
"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial
Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn
erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex
Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of
service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down
the principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for
a fiction to treat a Workman in continuous service for a period of one year despite the fact that he has not
rendered uninterrupted service for a period of one year but he has rendered period of 240 days during the
period of 12 calendar service for months counting backwards and just preceding the relevant date being the
date of retrenchment. In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to
determine first the relevant date, ie the date of termination of service which is complained of as retrenchment.
After that date is ascertained. move backward to a period of 12 months just preceding the date of retrenchment
and then ascertain whether within the period of 12 months, the Workman has rendered service for a period of
240 days. If these three facts are affirmatively answered in favor of the Workman pursuant to the deeming
fiction enacted in clause (2)(a) it will have to be assumed that the Workman is in continuous service for a
period of one year and he will satisfy the eligibility qualification enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who
has actually worked under the employer for not less than 240 days during a period of twelve months shall be
deemed to have been in continuous service for a period of one year whether or not he has in fact been in such
continuous service for a period of one year. It is enough that he has worked for 240 days in a period of 12
months, it is not necessary that he should have been in the service of the employer for one whole year."
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on
principle and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not
in employment for a period of 12 calendar months, but has rendered service for a period of 240 days within the
period of 12 calendar months commencing and counting backwards from the relevant date, i.e. the date of
retrenchment. If he has, he would be deemed to be in continuous service for a period of one year for the
purpose of section 25B and Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of
proof lies upon the Workman to show that he has completed 240 days of the service with the Respondent just
preceding from the date of his termination. Further, in respect of the employment of calculating the 240 days service
in view of the contents of Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
2942
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
“I was not sponsored by any employment exchange. I did not undergo regular process of selection before my
temporary appointment in the branch..”
“I did not work for 240 days in any year in my entire service in the bank.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously in
any 12 months of a calendar year just preceding from the date of his termination in the Respondent bank.
Therefore, Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240
days continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of
the Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2943
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon’ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India
in respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular
to all of its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from
1.6.1982 and appoint only empanelled candidates. The regional office was to prepare a panel of eligible
candidates, after calling names from the local/district employment exchange, and split it up branch-wise.
Following that new procedure yearly panels were prepared thereafter. Names of the Respondents were for the
first time included in the panel prepared for the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the
Bank had informed the Respondents that the panel was valid for one year only and that inclusion of their names
in the panel was not to confer on them any right to seek permanent appointment in the service of the bank.
2944
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Considering the object with which the panel was prepared and the fact that it was an yearly panel expiring on
6.2.1988, we are of the opinion that the Respondents did not get any right, because of inclusion of their names
in the said panel, for permanent absorption in the service of the Bank. Whatever conditional right they had
came to an end with the expiry of the panel. The claim of the Respondents, as contained in the writ petition was
thus misconceived and therefore the learned single Judge and the Division Bench, when it first decided the
appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and
conditions of the 5th Settlement the contention of the Workman that empanelled list should continue even after
31.3.1997 till the last Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless
in view of recital in the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I
regarding binding nature of Settlements and terms and conditions enumerated therein, in view of the provision
contained u/s.18(1) of the I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view
of terms of settlement dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till
last man absorbed has no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“I applied, in response to the advertisement issued by the bank as per the settlement…. Further, witness states,
……Some of the employees whose names were included in the panel above me were given regular appointment
as per their seniority in number of days…. Further witness states, I am not having any papers to show that any
person who had worked for less number of days than me was given regular appointment in the bank.”
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in
terms of various settlements entered into between Staff Federation of State Bank of India and State Bank of India
and it was prepared on the basis of number of days of work put in by the temporary employees. Further, the
Workman himself admitted that some of the temporary employees whose names were included in the panel were
given regular appointment in the bank in order of their seniority in the panel and he is not having any document to
show that any person who worked for less number of days than the Workman was given appointment in the bank.
Therefore, the allegation of the Workman that the regular appointment has been made by the bank from the panel list
in breach of the terms of the settlement and violation of seniority of panel list is not proved by this evidence of
WW1. Thus, there is no evidence on record that bank has given the appointment to the temporary employees as well
as daily wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There
is no evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the
seniority. Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from
panel list in order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on
31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2945
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to
order regularisation, where such a direction would in the context of public employment offend the provisions
contained in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status
of permanency continues to exist in circumstances where the employer has indulged in an unfair labour
practice by not filling up permanent posts even though such posts are available and by continuing to employ
workmen as temporary or daily wage employees despite their performing the same work as regular workmen on
lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years
of service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be
open to workmen who have been deprived of the same benefit at par with the workmen who have been
regularised to make a complaint before the Labour or Industrial Court, since the deprivation of the benefit
would amount to a violation of Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of
the ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them
for years, with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant
matter the Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer
has indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
2946
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date of
judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by
a statute and statutory rules. No appointment can be made by a Local Authority without following the
provisions of the recruitment rules. Any appointment made in violation of the said rules as also the
constitutional scheme of equality as contained in Articles 14 and 16 of the Constitution of India would be a
nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible,
but by reason thereof an employee cannot claim any right to be permanently absorbed in service or made
permanent in absence of any statute or statutory rules. Merely because an employee has completed 240 days of
work in a year preceding the date of retrenchment, the same would not mean that his services were liable to be
regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for
absorption merely on the basis of number of day of work in the Respondent bank Branch is not acceptable. As
regard plea of the Workman that the Workman should have been given employment even after 31.3.1997 as
temporary Workman, it is the discretion of Respondent to engage the Workman depending upon availability of work
and this Tribunal can not direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme
Court and few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme
Court have held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform
to Article 14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered
discretion in public law: A public authority possesses powers only to use them for public good. This impose the
duty to act fairly and to adopt a procedure which is `fairplay in action'. Due observance of this obligation as a
part of good administration raises a reasonable or legitimate expectation in every citizen to be treated fairly in
his interaction with the State and its instrumentalities, with this element forming a necessary component of the
decision making process in all State actions. To satisfy this requirement of non- arbitrariness in a State action,
it is, therefore, necessary to consider and give due weight to the reasonable or legitimate expectations of the
persons likely lo be affected by the decision or else that unfairness in the exercise of the power may amount to
an abuse or excess of power apart from affecting the bona fides of the decision in a given case. The decision so
made would be exposed to challenge on the ground of arbitrariness. Rule of law does not completely eliminate
discretion in the exercise of power, as it is unrealistic, but providers for control of its exercise by judicial
review.”
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP
No.193/1997, therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it
was a permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services
were not liable to be terminated and he was to be regularised into service on permanent basis. Shastry award
warrants that no temporary appointment can be made to a permanent post. But the matter is now covered by
two division bench judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of
1982. The ratio decided in the two judgements is to the effect that there cannot be any mandate to appoint
employees on permanent basis when the requirement was for appointment on temporary basis. But it is held in
the said judgements that when a temporary appointee is ousted from service and not for misconduct and, if
again temporary appointment is to be made, then, the case of such temporary appointee who was ousted, has
got to be considered in accordance with Sec. 25-H of the Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein
Hon‘ble Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities
must consider his case for regularization provided he is eligible and qualified according to the rules and his
service record is satisfactory and his appointment does not run counter to the reservation policy of the state.”
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2947
In the above cited judgements by the Workman the facts of the case are different hence do not apply to
instant case of Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it
was decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists
concurrently. A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another
settlement was entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies
arising up to December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so
prepared were to be considered against vacancies arising from January 1995 to December 1996, thereafter the said
panels lapse. MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including
part time attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-
messengerial positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled
before the empanelled list is allowed to lapse. Thus in both the cases empanelled list were lapsed on 1.4.1997.
Ex.M6 is the copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of
understanding was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned
will lapse on 31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the
statements giving the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non-
messenger panel, Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included
in the 1989 panel. As the existing vacancies at that time were exhausted and his turn did not come he could not be
given permanent employment in the bank as per the agreements. All the appointments were made strictly in
accordance with the settlements reached from time to time between SBI and SBI staff federation and as per seniority,
number of days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner
was not sponsored by any employment exchange he did not undergo the regular process of selection required for
appointment as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary
service in the bank. The petitioner and other temporary employees were terminated from service by the bank.
Further, MW1 states that the vacancies were filled up on regular basis with the temporary employees from the panels
and these panels were expired in terms of the settlements so reached and there were no vacancies to absorb such
employees. Thus, witness MW1 has proved the documents Ex.M1 to Ex.M12 and also contentions made in the
counter. However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such but their services were not utilized after the cut off date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontraverted, the claim of the Workman that he was entitled for
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No.IV:- In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
ORDER
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri Syed Khadarvali, Ex. Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the
Petitioner is not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence,
dismissed. Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Shri Vinay Panghal, LDC transcribed by him, corrected and signed by me on this
the 24th day of February, 2026.
2948
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri Syed Khadarvali
MW1: Sri K. Bala Kotaiah
Documents marked for the Petitioner
Ex.W1:
Photocopy of Service certificate
Ex.W2:
Photocopy of in a notification
Ex. W3:
Photocopy of pay drawn in 4 sheets
Documents marked for the Respondent
Ex.M1:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.17.11.87
Ex.M2:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.16.7.88
Ex.M3:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.9.1.1991
Ex.M5:
Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
Ex.M7:
Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8:
Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9:
Photocopy of statement of 1989 Non-messenger panel
Ex.M10:
Photocopy of statement of 1992 panel
Ex.M11:
Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12:
Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
नई ददल्ली, 6 अप्रैल , 2026
का.आ. 585.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a276/2002) izdkf”kr djrh gSA
[सं. एल -12012/65/66/67/68/69/70/71/2002- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 585.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 276/2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/65/66/67/68/69/70/71/2002- IR(B-I]
SALONI, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2949
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 23rd day of February, 2026
INDUSTRIAL DISPUTE No. 276/2002
Between:
1. Sri P. Surya Kumar,
S/o Sri. P. Chanda Kumar,
Kunderu (P.O.), Kankipadu(M),
Krishna Distt.
2. Sri K. Padma Rao,
S/o Venkanna,
Indira Colony,
Kalidindi (M) -521344.
3. Smt. Kangala Rajeswari,
W/o Kalyan Rao,
Penuganchiprolu (P.O. & M)
Krishna dist.-521190.
4. Sri U. Rama Krishna,
Opp. Prabhatha Convent,
H.No.9-24, Nethaji Nagar,
Nandigama (P.O.) – 521 185.
5. Sri J. Sambasiva Rao,
S/o Venkata Ratnam,
Vinjaram(P.O.), Kaikulur (M),
Krishna Distt.
6. Sri D. Prabhuji,
S/o Peda Nagaiah,
Anigandlapadu (P.O.),
Penuganchiprolu (M),
Krishna Distt.
7. Sri K. Kishore,
S/o Late K. Ananda Rao,
Daniyalapet, D.No.20-4-45,
Gudiwada, Krishna Dist. -521301.
…Petitioners
And
The Asst. General Manager,
State Bank of India,
Zonal Office, Region II,
Vijayawada -520 001.
…Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
Matter placed today before Tribunal for order. perused the record. This industrial dispute was received
from Government of India, Ministry of Labour by its order No. L-12012/65/66/67/68/69/70/71/2002-IR(B.I) dated
10.7.2002 which has been referred under section 10(1)(d) of the I.D. Act, 1947 for adjudication, requiring this forum
to decide the question:
2950
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
SCHEDULE
―Whether the action of the management of State Bank of India, Vijayawada Zone in dismissing the services
of S/Sri U. Rama Krishna, P. Surya Kumar, K. Padma Rao, Smt. K. Rajeswari, J. Sambasiva Rao, D.
Prabhuji and K. Kishore, Ex-Messengers is justified? If not, what relief the workmenare entitled?‖
After receipt of the reference, it was numbered as ID No. 276/2002 and notices were issued to both the
Workman and the management.
2.
The perusal of the claim statement filed by the Petitioners as well as the counter of the Respondent goes to
reveal that this matter pertains to the termination of the Petitioner from service by the Respondent. The Appropriate
government has not referred any industrial dispute to this Tribunal for adjudication in respect of termination of
Petitioner.
Section 10 (4) provides:-
―10(4):-Where in an order referring an industrial dispute to [a Labour Court, Tribunal or National
Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points of
dispute for adjudication, [the Labour Court or the Tribunal or the National Tribunal, as the case may
be,] shall confine its adjudication to those points and matters incidental thereto.”
Thus, in view of the above provision the Industrial Tribunal cannot decide a dispute not explicitly referred to
it by the appropriate Government as it‘s jurisdiction under Section 10 (4) of ID Act, 1947 is confined to the specific
point of dispute mentioned in the reference order and matter incidental there to. If the reference is for dismissal but
the matter pertains to the termination, the Tribunal must strictly stick to the referred terms.
3.
Therefore, in view of the provision contained under Section 10(4) of the I.D.Act, 1947, there is no reference
of the industrial dispute regarding termination of the Petitioner for adjudication before this Tribunal. The reference of
dispute herein pertain to the dismissal of the Petitioner from service. Therefore, this Tribunal cannot adjudicate the
dispute in the absence of reference of termination by retrenchment of Petitioner. Thus, Reference is answered
accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 23rd day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
नई ददल्ली, 6 अप्रैल , 2026
का.आ. 586.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a41/2002) izdkf”kr djrh gSA
[सं. ,y - 12012/231/2000- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 586.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.41/2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/231/2000- IR(B-I)]
SALONI, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2951
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 24th day of February, 2026
INDUSTRIAL DISPUTE No. 41/2002
[Old ID No.132/2000 of Industrial Tribunal No.I, Hyderabad]
Between:
Sri D. Mahaboob Basha,
R/o Kallur Railway Stn. Road,
Garladinna Mandal,
Ananthapur Dist. A.P.
… Petitioner
And
The Deputy General Manager,
State Bank of India, Zonal Office,
Renigunta Road, Tirupati A.P-571501.
… Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/231/2000-IR(B.I) dated 29.09.2000
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 to Industrial Tribunal No.I, Hyderabad for
adjudication and later the same has been transferred to this Tribunal bearing ID No.132/2000, as per orders of
Central Government vide Lr.No.H-11026/1/2001-IR(C.II) dated 18.10.2001, requiring this forum to decide the
question:
SCHEDULE
―Whether the action of the management of State Bank of India, Kallur Branch is justified in terminating Sri
D. Mahaboob Basha, Messenger, from the services of the Bank? If not, what relief the workman is entitled?‖
After receipt of the reference, it was numbered as ID No. 41/2002 and notices were issued to both the
Workman and the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favour of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the
aggrieved Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble
High Court of Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ
petitions and set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases
by Central Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State
Bank of India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to
their termination and further directed to consider their cases for regularization as and when the substantive vacancy
arises. This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch
petitions was challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of
2014. The aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High
Court of Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal
was pleased to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal,
the proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than
one. Firstly, in such matters, claims have to be decided on individual basis, as different persons have different
2952
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
claims as to the length of officiation or discharge of duties and functions; quality of engagement, drawings,
accounting of the post for each one of them, who have worked etc. AIl these issues will not be the same in all the
cases. Therefore, each case ought to have been directed to be decided by the Tribunal afresh on individual
basis. The second and most important aspect is the learned single Judge has in one go ordered re-employment
of all the workmen. This is not a relief that could have been granted without answering the individual issues;
each issue relating to each case could not have been decided by the writ Court within the format of its
adjudication procedures and scope. The adjudicating body, which has to do that activity, is the Industrial
Tribunal. Therefore, we are of the view that while we would sustain the order of the learned singe Judge insofar
as it interfered and sets aside the award of the Tribunal, the further findings and directions, issued through the
impugned order have to go and the individual cases have to be sent back for consideration of the Tribunal. Such
further procedure before the Tribunal will have to be carried forward with the materials already on record and
also by affording an opportunity to the persons, who have claims as well as the management to place their rival
contentions and further material before the Tribunal. The learned counsel appearing for the workmen are
justified in pointing out that enormous delay has already happened and further action by the Tribunal in this
line may be expedited.
9. In the result, these writ appeals are ordered;
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common
award dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an
outer limit of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014
and batch cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in
view of the aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement
dated 20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that,
the Workman joined in the service of the management institution as Non Messenger from 1987 to 1997, and has
rendered unblemished service spreading over a period of about 10 years. The Respondent has terminated services of
Workman by oral orders with effect from 1.4.1997. Further, it is submitted that the management of Respondent
bank decided to give a chance to temporarily employed personnel ―found suitable for permanent appointment‖ by
wait- listing them by offering permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were
listed. That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have
completed 270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed
minimum of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate
temporary service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid upto December, 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May, 1989 was
held. A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to
be valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the
years 1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the
panel, eligible temporary employees who have been empanelled could not appear in the earlier interviews and have
been pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2953
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the
1st settlement (Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the
3rd settlement (Ex M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is
5th settlement (Ex M6). In between there is minutes of conciliation proceedings dated 9.6.95 marked as Ex M5.
That due to all these settlements which were extended by subsequent settlements thereby created reasonable
expectations in the list of the selected candidates arose with that it‘s a question of time their appointments or services
would be regularized in the services of the bank. The Workman was working with the bank on temporary basis
was under the bonafide hope that sooner his services will be regularized with the bank. He is thereby closed all his
options elsewhere. It is needless to point out that employing person to whom hope of employment in substantial
terms was made is a facet of Article 21 of the Constitution of India.
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P.. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The Hon‘ble High
Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on the basis of a
settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel was valid
upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with
regard to recruitment and absorption of temporary employees in public sector banks. The said guidelines were
issued to implement on the lines of the approach paper on the issue provided by a committee constituted in this
regard. The Government of India guidelines made it clear that all the public sector banks may follow the
provisions laid down in the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
2954
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees where in they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without
jurisdiction and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of
Understanding dated 27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is
not published anywhere to brought to the notice of the Workman whose rights are being affected. It is submitted that
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2955
Management did not adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90
in the year 1995. The same was not followed in the year 1997 despite there being vacancies.
The
management has followed the procedure of calling candidates through Employment exchange instead of giving
chance to the empanelled candidates like the Workman here. It is pertinent to mention here that the Respondent
Management sent letters to the all similarly situated candidates like the Workman in the month of June, 1997,
subsequent to the passing of impugned termination orders. After knowing the facts that the candidates are litigating,
the Management refused to engage these candidates. It is once again reiterated that the panels are meant for
absorption but not for termination. It was the duty of the Management to engage the empanelled candidates like the
Workman even in temporary vacancies till they are absorbed permanently in regular vacancies. Hence, the action of
the Respondent Management terminating the services of the Workman by oral order dated 31.3.97 is unjust, illegal,
violative of principles of natural justice and hence, the Management be directed to reinstate and absorb the Workman
and to grant all incidental and consequential benefits.
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
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[PART II—SEC. 3(ii)]
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
[भाग II—खण् ड 3(ii)]
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2957
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex.W1 to W6. Further, the Workman has filed photocopies of documents in support of
his claim which are discussed as under:-
Ex.W1& W2 are notification and interview letter respectively. Ex.W3 is the empanel list. Ex.W4 is the
service certificate. Ex.W5 is the bank notification to the emp. Exchange about vacancies in 1999. Ex.W6 is the
circular issued by the bank to all the regional branches which shows even today the temp staff is been continued
depriving us.
21.
On the other hand, Respondent has examined witness MW1 Sri K. Bala Kotaiah and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Non Messenger Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 Panel. Ex.M11 is the Judgment of Hon‘ble High Court of
A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme Court of India in SLP No.
11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, Kallur branch in terminating the services of Workman
Sri D. Mahaboob Basha, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
Findings:-
25.
Point No.I:-Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation
proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed
and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the
conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in
the aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued
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[PART II—SEC. 3(ii)]
that the Workman after going through the selection procedure has successfully been listed in the panel for
appointment on the permanent basis in the Respondent management and the empanelled list has to be valid till last
person in the empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and
31.3.97, has been issued by Respondent management thereby the services of the Workman has been terminated and
the said order is not in consonance of the terms of the agreement entered into between the parties. Further, Workman
submits that the Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list
which is illegal and that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97
incorporated in the aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been
decided by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide
letter dated 25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial
category from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of
settlements entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by
Respondent Management is also direction to Branch Manager, State Bank of India not to make any temporary
messengerial category appointment with effect from 1.4.1997 and it has also been communicated to all concerned
that the panels of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997.
Further, office order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said
office order has been issued to this effect that, ―Consequent on absorption of temporary employees in permanent
cadre, it has been decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh.....
1990 II LLJ 510 AP para 414, Hon’ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial
Disputes Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years.
The settlement was to be in force upto 30th June 1986 and the next settlement, incorporating practically the
same terms, was again entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act.
There is no dispute that these settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It
can only decide in the first appeal whether a termination by the management is valid or not and is within the
parameters of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide
whether a settlement entered into under Section 18(1) of the Industrial Disputes Act between the representatives
of the Workmen and of the Management, is vitiated by undue influence or misrepresentation or coercion on the
part of the Management. The Authority, namely, the Assistant Commissioner of Labour, was never intended by
the A.P. Legislature to have jurisdiction to go into the question of the validity of a settlement arrived at
under Section 18 of the Industrial Disputes Act by an Industrial Court. That Parliament has, in fact, constituted
Industrial Courts under the Industrial Disputes Act, with extensive powers cannot be disputed. What we mean to
say is that the Authority under Section 41(1) of the A.P. Act has no jurisdiction what-so-ever either to question
or to decide about the validity of any such settlements. If parties to a settlement have a grievance about the
validity of a settlement, it is for them to agitate the matter before the appropriate forum and they cannot ask an
Authority constituted under Section 41(1) of the A.P. Shops and Establishments Act, 1966 with limited
jurisdiction, to go into any such question and, that too, incidentally while deciding whether retirement as per
the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or
misrepresentation or coercion on the part of the management. If the Workman feeling aggrieved by any terms of
settlement/ agreement on the aforementioned grounds then he can challenge of settlement before a competent
authority under the Act, 1947. But here in the instant matter it is not a case of Workman that aforementioned
settlement has been entered into between the parties on the ground of undue influence or misrepresentation or
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2959
coercion. Therefore, Workman is barred to raise any objection in respect of fixing the date of lapse of both panels
on 31.3.1997 as agreed between both the parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR
322, Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a
finding at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other
hand, we feel that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner.
The Tribunal is, rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement
was binding on the company and the members of the 3rd Respondent union. Even so, the Tribunal devoted
nearly half of its order in scanning the evidence given by the company and Respondent No. 3 to find out
whether the terms of the settlement had been explained by the President of the union to the workmen or not and
whether the workers voluntarily accepted the settlement knowing all the "consequences". This to our mind is
again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture.
It is not necessary that each individual worker should know the implications of the settlement since a
recognised union, which is expected to protect the legitimate interests of labour, enters into a settlement in the
best interests of labour. This would be the normal rule. We cannot altogether rule out exceptional cases where
there may be allegations of mala fides, fraud or even corruption or other induce- ments. Nothing of that kind
has been suggested against the President of the 3rd Respondent in this case. That being the position, prima
facie, this is a settlement in the course of collective bargaining and, therefore, is entitled to due weight and
consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others
bad. Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the
other advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to
be accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before
this Court the 3rd Respondent representing admittedly the large majority of the workmen has stood by this
settlement and that is a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we
cannot also be oblivious of the fact that all workmen of the company have accepted the settlement. Besides, the
period of settlement has since expired and we are informed that the employer and the 3rd Respondent are
negotiating another settlement with further improvements. These factors, apart from what has been stated
above, and the need for industrial peace and harmony when a union backed by a large majority of workmen has
accepted a settlement in the course of collective bargaining have impelled us not to interfere with this
settlement. That being the position, we unhold the settlement as fair and just and order that the award of the
Tribunal shall be substituted by the settlement dated October 18, 1973. The said settlement shall be the
substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
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[PART II—SEC. 3(ii)]
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and the
period of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of the
notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen
days' average pay for every completed year of continuous service] or any part thereof in excess of six months;
and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be
specified by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted
service, including service which may be interrupted on account of sickness or authorized leave or an accident
or a strike which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of
the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or
six months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the
date of termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the
reference of decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim
was denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days
in the year preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor
and that cannot be regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in
fact the claimant had worked for 240 days in a year These aspects were highlighted in Range Forest Officer v.
S.T. Hadimani (2002 (3) SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that
regard was produced. Mere non-production of the muster roll for a particular period was not sufficient for the
Labour Court held that the Workman had worked for 240 days as claimed."
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the
Workman to show that he was working for more than 240 days in the preceding one year prior to his alleged
retrenchment." In M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in
paragraph 11 as follows: "The above burden having not been discharged and the Labour Court having held so,
in our opinion, the Industrial Court and the High Court erred in basing an order of reinstatement solely on an
adverse inference drawn erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the Apex
Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of
service."
[भाग II—खण् ड 3(ii)]
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2961
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down
the principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for
a fiction to treat a Workman in continuous service for a period of one year despite the fact that he has not
rendered uninterrupted service for a period of one year but he has rendered period of 240 days during the
period of 12 calendar service for months counting backwards and just preceding the relevant date being the
date of retrenchment. In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to
determine first the relevant date, ie the date of termination of service which is complained of as retrenchment.
After that date is ascertained. move backward to a period of 12 months just preceding the date of retrenchment
and then ascertain whether within the period of 12 months, the Workman has rendered service for a period of
240 days. If these three facts are affirmatively answered in favor of the Workman pursuant to the deeming
fiction enacted in clause (2)(a) it will have to be assumed that the Workman is in continuous service for a
period of one year and he will satisfy the eligibility qualification enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who
has actually worked under the employer for not less than 240 days during a period of twelve months shall be
deemed to have been in continuous service for a period of one year whether or not he has in fact been in such
continuous service for a period of one year. It is enough that he has worked for 240 days in a period of 12
months, it is not necessary that he should have been in the service of the employer for one whole year."
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on
principle and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not
in employment for a period of 12 calendar months, but has rendered service for a period of 240 days within the
period of 12 calendar months commencing and counting backwards from the relevant date, i.e. the date of
retrenchment. If he has, he would be deemed to be in continuous service for a period of one year for the
purpose of section 25B and Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of
proof lies upon the Workman to show that he has completed 240 days of the service with the Respondent just
preceding from the date of his termination. Further, in respect of the employment of calculating the 240 days service
in view of the contents of Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“I was not sponsored by any employment exchange. I did not undergo regular process of selection before my
appointment as temporary attender .”
“I did not work for 240 days in any year in my entire service in the bank.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously in
any 12 months of a calendar year just preceding from the date of his termination in the Respondent bank.
Therefore, Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240
days continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of
the Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
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[PART II—SEC. 3(ii)]
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
[भाग II—खण् ड 3(ii)]
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2963
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon’ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India
in respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular
to all of its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from
1.6.1982 and appoint only empanelled candidates. The regional office was to prepare a panel of eligible
candidates, after calling names from the local/district employment exchange, and split it up branch-wise.
Following that new procedure yearly panels were prepared thereafter. Names of the Respondents were for the
first time included in the panel prepared for the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the
Bank had informed the Respondents that the panel was valid for one year only and that inclusion of their names
in the panel was not to confer on them any right to seek permanent appointment in the service of the bank.
Considering the object with which the panel was prepared and the fact that it was an yearly panel expiring on
6.2.1988, we are of the opinion that the Respondents did not get any right, because of inclusion of their names
in the said panel, for permanent absorption in the service of the Bank. Whatever conditional right they had
came to an end with the expiry of the panel. The claim of the Respondents, as contained in the writ petition was
thus misconceived and therefore the learned single Judge and the Division Bench, when it first decided the
appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and
conditions of the 5th Settlement the contention of the Workman that empanelled list should continue even after
31.3.1997 till the last Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless
in view of recital in the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I
regarding binding nature of Settlements and terms and conditions enumerated therein, in view of the provision
contained u/s.18(1) of the I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view
of terms of settlement dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till
last man absorbed has no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
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[PART II—SEC. 3(ii)]
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“I applied in response to the notification issued by the bank in terms of the settlements entered between the
bank and the union…. Further, witness states, The panels were prepared depending upon the number of days
of service put in by the temporary employees. Some of the temporary employees whose names were included in
the panel were also given regular appointment in the bank as per the settlements.…. Further witness states, I
am not having documents to show that any person who had worked for less no. of days than me was given
appointment in the bank.”
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in
terms of various settlements entered into between Staff Federation of State Bank of India and State Bank of India
and it was prepared on the basis of number of days of work put in by the temporary employees. Further, the
Workman himself admitted that some of the temporary employees whose names were included in the panel were
given regular appointment in the bank in order of their seniority in the panel and he is not having any document to
show that any person who worked for less number of days than the Workman was given appointment in the bank.
Therefore, the allegation of the Workman that the regular appointment has been made by the bank from the panel list
in breach of the terms of the settlement and violation of seniority of panel list is not proved by this evidence of
WW1. Thus, there is no evidence on record that bank has given the appointment to the temporary employees as well
as daily wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There
is no evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the
seniority. Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from
panel list in order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on
31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to
order regularisation, where such a direction would in the context of public employment offend the provisions
contained in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status
of permanency continues to exist in circumstances where the employer has indulged in an unfair labour
practice by not filling up permanent posts even though such posts are available and by continuing to employ
[भाग II—खण् ड 3(ii)]
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2965
workmen as temporary or daily wage employees despite their performing the same work as regular workmen on
lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years
of service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be
open to workmen who have been deprived of the same benefit at par with the workmen who have been
regularised to make a complaint before the Labour or Industrial Court, since the deprivation of the benefit
would amount to a violation of Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of
the ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them
for years, with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant
matter the Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer
has indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date
of judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by
a statute and statutory rules. No appointment can be made by a Local Authority without following the
provisions of the recruitment rules. Any appointment made in violation of the said rules as also the
constitutional scheme of equality as contained in Articles 14 and 16 of the Constitution of India would be a
nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible,
but by reason thereof an employee cannot claim any right to be permanently absorbed in service or made
permanent in absence of any statute or statutory rules. Merely because an employee has completed 240 days of
work in a year preceding the date of retrenchment, the same would not mean that his services were liable to be
regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for
absorption merely on the basis of number of day of work in the Respondent bank Branch is not acceptable. As
regard plea of the Workman that the Workman should have been given employment even after 31.3.1997 as
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[PART II—SEC. 3(ii)]
temporary Workman, it is the discretion of Respondent to engage the Workman depending upon availability of work
and this Tribunal can not direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme
Court and few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme
Court have held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform
to Article 14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered
discretion in public law: A public authority possesses powers only to use them for public good. This impose the
duty to act fairly and to adopt a procedure which is `fairplay in action'. Due observance of this obligation as a
part of good administration raises a reasonable or legitimate expectation in every citizen to be treated fairly in
his interaction with the State and its instrumentalities, with this element forming a necessary component of the
decision making process in all State actions. To satisfy this requirement of non- arbitrariness in a State action,
it is, therefore, necessary to consider and give due weight to the reasonable or legitimate expectations of the
persons likely lo be affected by the decision or else that unfairness in the exercise of the power may amount to
an abuse or excess of power apart from affecting the bona fides of the decision in a given case. The decision so
made would be exposed to challenge on the ground of arbitrariness. Rule of law does not completely eliminate
discretion in the exercise of power, as it is unrealistic, but providers for control of its exercise by judicial
review.”
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP
No.193/1997, therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it
was a permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services
were not liable to be terminated and he was to be regularised into service on permanent basis. Shastry award
warrants that no temporary appointment can be made to a permanent post. But the matter is now covered by
two division bench judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of
1982. The ratio decided in the two judgements is to the effect that there cannot be any mandate to appoint
employees on permanent basis when the requirement was for appointment on temporary basis. But it is held in
the said judgements that when a temporary appointee is ousted from service and not for misconduct and, if
again temporary appointment is to be made, then, the case of such temporary appointee who was ousted, has
got to be considered in accordance with Sec. 25-H of the Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein
Hon‘ble Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities
must consider his case for regularization provided he is eligible and qualified according to the rules and his
service record is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to instant case
of Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it
was decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists
concurrently. A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another
settlement was entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies
arising up to December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2967
prepared were to be considered against vacancies arising from January 1995 to December 1996, thereafter the said
panels lapse. MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including
part time attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-
messengerial positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled
before the empanelled list is allowed to lapse. Thus in both the cases empanelled list were lapsed on 1.4.1997.
Ex.M6 is the copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of
understanding was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned
will lapse on 31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the
statements giving the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non-
messenger panel, Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included
in the 1989 panel. As the existing vacancies at that time were exhausted and his turn did not come he could not be
given permanent employment in the bank as per the agreements. All the appointments were made strictly in
accordance with the settlements reached from time to time between SBI and SBI staff federation and as per seniority,
number of days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner
was not sponsored by any employment exchange he did not undergo the regular process of selection required for
appointment as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary
service in the bank. The petitioner and other temporary employees were terminated from service by the bank.
Further, MW1 states that the vacancies were filled up on regular basis with the temporary employees from the panels
and these panels were expired in terms of the settlements so reached and there were no vacancies to absorb such
employees. Thus, witness MW1 has proved the documents Ex.M1 to Ex.M12 and also contentions made in the
counter. However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
Moreover the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such but their services were not utilized after the cut off date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontraverted, the claim of the Workman that he was entitled for
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No.IV:- In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
ORDER
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri D. Mahaboob Basha, Ex. Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the
Petitioner is not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence,
dismissed. Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Shri Vinay Panghal, LDC transcribed by him, corrected and signed by me on this
the 24th day of February, 2026.
IRFAN QAMAR, Presiding Officerr
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri D. Mahaboob Basha
MW1: Sri K. Bala Kotaiah
Documents marked for the Petitioner
Ex.W1:
Photocopy of notification
Ex.W2:
Photocopy of interview letter
Ex. W3:
Photocopy of empanelled list
2968
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Ex. W4:
Photocopy of Service certificate
Ex. W5:
Photocopy of bank notification to employment exchange
Ex. W6:
Photocopy of circular issued by bank
Documents marked for the Respondent
Ex.M1:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.17.11.87
Ex.M2:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.16.7.88
Ex.M3:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.9.1.1991
Ex.M5:
Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
Ex.M7:
Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8:
Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9:
Photocopy of statement of 1989 Non-messenger panel
Ex.M10:
Photocopy of statement of 1992 panel
Ex.M11:
Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12:
Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
नई ददल्ली, 6 अप्रैल, 2026
का.आ. 587.— क fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a20/2002) izdkf”kr djrh gSA
[सं. ,y - 12012/332/2001- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 587.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 20/2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/332/2001- IR(B-I)]
SALONI, Dy. Director
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2969
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: - Sri IRFAN QAMAR, Presiding Officer
Dated the 27th day of February, 2026
INDUSTRIAL DISPUTE No. 20/2002
Between:
Sri Md. Fazul Rahaman,
S/o Md. Noor Baig,
H.No.1-9-20/B/6/A, Nr. Rama Nagar (bridge),
Ramanagar, Aamabad Musheerabad,
Hyderabad -500 048.
… Petitioner/Union
AND
The Asst. General manager,
(Personnel & HRD deptt.),
State Bank of India,
Local Head Office, Koti,
Bank Street, Hyderabad 500 095
… Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No.L-12012/332/2001- IR(B.I) dated 19.12.2001
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 for adjudication to this Tribunal between
the management of State Bank of India and their workman. The reference is,
SCHEDULE
―Whether the action of the Management of State Bank of India, Local Head Office, Hyderabad in
terminating the services of Sri Md. Fazul Rahaman, Temporary/Non-Messenger, SBI with effect from
31.3.1997 is justified? If not, what relief the applicant is entitled?‖
The reference is numbered in this Tribunal as I.D. No. 20/2002 and notices were issued to the parties
concerned.
2.
Petitioner has filed his claim statement and as per his claim she has worked for more than 240 days in the
Respondent organization during the period from 1989 to 1996 but, his services has been terminated without any
reasonable ground or following any principle and in violation of provision of ID Act of law and prayed to reinstate
his with all benefits from the date of his actual termination.
3.
Respondent has filed the counter wherein he has denied the allegations made in claim statement by the
petitioner and contended that Petitioner had not worked for 240 days in 12 months of any calendar year just
preceding from date of termination. Therefore, the provision of Sec.25F of I.D. Act, 1947 is not applicable to the
Petitioner case and his claim statement is liable to be dismissed.
4.
Perused the record. As per provision contained u/s.25F of the Act, the workman has to put in 240 days
continuous service just preceding from the date of his termination in a 12 month of a calendar year. But, despite
sufficient opportunity petitioner failed to adduce any oral or documentary evidence in support of his claim of 240
days of the service in a calendar year just preceding from the date of his termination. Therefore, the claim of the
Petitioner is not substantiated by any oral or documentary evidence. Therefore, ‗No Claim‘ award is passed.
2970
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant and corrected by me on this the 27th day
of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
नई ददल्ली, 6 अप्रैल, 2026
का.आ. 588.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a15/2002) izdkf”kr djrh gSA
[सं. ,y - 12012/243/2001- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 588.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 15/2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/243/2001- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 25th day of February, 2026
INDUSTRIAL DISPUTE No. 15/2002
Between:
Sri D. Damodaram,
S/o Subramanyam,
Moracapalli(V),
Kasipenthu(P.O.)
Chandragiri (M),
Chittor.
… Petitioner
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2971
And
The Asst. General Manager,
State Bank of India,
Zonal Office, Region II,
Tirupathi-517501.
…Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
AWARD
Matter placed today before Tribunal for order. perused the record. This industrial dispute was received
from Government of India, Ministry of Labour by its order No. L-12012/243/2001-IR(B.I) dated 21.11.2001,
which has been referred under section 10(1)(d) of the I.D. Act, 1947 for adjudication with the following terms:-
SCHEDULE
―Whether the action of the management of State Bank of India, Tirupathi Zone in dismissing the services of
Sri D. Damodaram, Ex-Messenger, is justified? If not, what relief the workman is entitled?‖
After receipt of the reference, it was numbered as ID No. 15/2002 and notices were issued to both the
Workman and the management.
2.
The perusal of the claim statement filed by the Petitioner as well as the counter of the Respondent goes to
reveal that this matter pertains to the termination of the Petitioner from service by the Respondent. The Appropriate
government has not referred any industrial dispute to this Tribunal for adjudication in respect of termination of
Petitioner.
Section 10 (4) provides:-
―10(4):-Where in an order referring an industrial dispute to [a Labour Court, Tribunal or National
Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points of
dispute for adjudication, [the Labour Court or the Tribunal or the National Tribunal, as the case may
be,] shall confine its adjudication to those points and matters incidental thereto.”
Thus, in view of the above provision the Industrial Tribunal cannot decide a dispute not explicitly referred to
it by the appropriate Government as it‘s jurisdiction under Section 10 (4) of ID Act, 1947 is confined to the specific
point of dispute mentioned in the reference order and matter incidental there to. If the reference is for dismissal but
the matter pertains to the termination, the Tribunal must strictly stick to the referred terms.
3.
Therefore, in view of the provision contained under Section 10(4) of the I.D.Act, 1947, there is no reference
of the industrial dispute regarding termination of the Petitioner for adjudication before this Tribunal. The reference of
dispute herein pertain to the dismissal of the Petitioner from service. Therefore, this Tribunal cannot adjudicate the
dispute in the absence of reference of termination by retrenchment of Petitioner.
4.
Even otherwise, Petitioner workman has failed to substantiate his claim of 240 days of continuous service
in a calendar year just preceding from the date of his termination by any evidence in terms of mandate of Sec.25F of
I.D.Act, 1947. Therefore, the claim of the Petitioner that he has been terminated illegally is not tenable and he is
not entitled to any relief as claimed in the claim statement. Thus, Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 25th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
2972
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
नई ददल्ली, 6 अप्रैल, 2026
का.आ. 589.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a40/2002) izdkf”kr djrh gSA
[सं. ,y - 12012/154/2000- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 589.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 40/2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/154/2000- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 24th day of February, 2026
INDUSTRIAL DISPUTE No. 40/2002
[Old ID No.107/2000 of Industrial Tribunal No.I, Hyderabad]
Between:
Sri G Samuel, S/o G. Yesu,
R/o 15/30, Aravapeta, 7th Ward,
Gudivada, Krishna Dist. 521301.
… Petitioner
And
The Assistant General Manager,
State Bank of India,
Region-II, Labbipet,
Vijayawada-520001.
… Respondent
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2973
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y.Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/154/2000-IR(B.I) dated 31.08.2000
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 to Industrial Tribunal No.I, Hyderabad for
adjudication and later the same has been transferred to this Tribunal bearing ID No.107/2000, as per orders of
Central Government vide Lr.No.H-11026/1/2001-IR(C.II) dated 18.10.2001, requiring this forum to decide the
question:
SCHEDULE
―Whether the action of the management of State Bank of India, Vijayawada zone in dismissing services of
Sri Garlapati Samuel, Ex-Messenger is justified? If not what relief the workman is entitled?‖
After receipt of the reference, it was numbered as ID No. 40/2002 and notices were issued to both the
Workman and the management.
2.
The perusal of the claim statement filed by the Petitioner as well as the counter of the Respondent goes to
reveal that this matter pertains to the termination of the Petitioner from service by the Respondent. The Appropriate
government has not referred any industrial dispute to this Tribunal for adjudication in respect of termination of
Petitioner.
Section 10 (4) provides:-
―10(4):-Where in an order referring an industrial dispute to [a Labour Court, Tribunal or National
Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points of
dispute for adjudication, [the Labour Court or the Tribunal or the National Tribunal, as the case may
be,] shall confine its adjudication to those points and matters incidental thereto.”
Thus, in view of the above provision the Industrial Tribunal cannot decide a dispute not explicitly referred to
it by the appropriate Government as it‘s jurisdiction under Section 10 (4) of ID Act, 1947 is confined to the specific
point of dispute mentioned in the reference order and matter incidental there to. If the reference is for dismissal but
the matter pertains to the termination, the Tribunal must strictly stick to the referred terms.
3.
Therefore, in view of the provision contained under Section 10(4) of the I.D.Act, 1947, there is no reference
of the industrial dispute regarding termination of the Petitioner for adjudication before this Tribunal. The reference of
dispute herein pertain to the dismissal of the Petitioner from service. Therefore, this Tribunal cannot adjudicate the
dispute in the absence of reference of termination by retrenchment of Petitioner.
4.
Even otherwise, Petitioner workman has failed to substantiate his claim of 240 days of continuous service
in a calendar year just preceding from the date of his termination by any evidence in terms of mandate of Sec.25F of
I.D.Act, 1947. Therefore, the claim of the Petitioner that he has been terminated illegally is not tenable and he is
not entitled to any relief as claimed in the claim statement. Thus, Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant transcribed by her, corrected and signed
by me on this the 24th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
2974
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
नई ददल्ली, 6 अप्रैल, 2026
का.आ. 590.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a46/2002) izdkf”kr djrh gSA
[सं. ,y - 12012/236/2000- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 590.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.46/2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/236/2000- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 24th day of February, 2026
INDUSTRIAL DISPUTE No. 46/2002
[Old ID No.137/2000 of Industrial Tribunal No.I, Hyderabad]
Between:
Sri K. Vannoorappa,
S/o K. Sunkanna,
R/o Kondapuram post,
Pamidi Mandal,
Ananthapur Dist. A.P
… Petitioner
And
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2975
The Deputy General Manager,
State Bank of India, Zonal Office,
Renigunta Road, Tirupati A.P
…Respondent
Appearances:
For the Petitioner :
Sri K.R. Prabhakar, Advocate
For the Respondent :
Sri Y. Ranjeeth Reddy, Advocate
AWARD
The Government of India, Ministry of Labour by its order No. L-12012/236/2000-IR(B.I) dated 29.09.2000
referred the following dispute under section 10(1)(d) of the I.D. Act, 1947 to Industrial Tribunal No.I, Hyderabad for
adjudication and later the same has been transferred to this Tribunal bearing ID No.137/2000, as per orders of Central
Government vide Lr.No.H-11026/1/2001-IR(C.II) dated 18.10.2001, requiring this forum to decide the question:
SCHEDULE
―Whether the action of the management of State Bank of India, JNTU Branch, Anantapur is justified in
terminating Sri K. Vanurappa, Messanger, from the services of the Bank? If not, what relief the workman is
entitled?‖
After receipt of the reference, it was numbered as ID No. 46/2002 and notices were issued to both the
Workman and the management.
2.
Before unfolding the factual matrix of the instant industrial dispute it would be apposite to have a bird eye
view of a chequered history of the instant industrial dispute. Earlier instant industrial dispute along with the batch
cases was decided by this Tribunal vide common award dated 17.5.2005 and the reference was answered in favour of
the Respondent and against the Workman. That said common award dated 17.5.2005 was challenged by the aggrieved
Workmen in various Writ petition No.6470/2014 along with batch of writ petitions before the Hon‘ble High Court of
Andhra Pradesh and Hon‘ble High Court vide its‘ judgement dated 23.6.2014 allowed all batch of writ petitions and
set aside the common award dated 17.5.2005 passed in ID No.222 of 2001 and other batch of ID cases by Central
Government Industrial Tribunal cum Labour Court, Hyderabad and the Respondent management of State Bank of
India was directed to reengage the Writ Petitioners in position, which they have been occupying prior to their
termination and further directed to consider their cases for regularization as and when the substantive vacancy arises.
This judgement dated 23.6.2014 of Hon‘ble High Court of AP, passed in WP No.6470/2014 and batch petitions was
challenged by Respondent management before the Hon‘ble High Court in Writ Appeal No. 1268 of 2014. The
aforesaid Writ Appeals No.1268/2014 and other Writ Appeals were decided by Division Bench of High Court of
Andhra Pradesh by a common judgement dated 20.3.2019. Hon‘ble High Court in aforesaid Writ Appeal was
pleased to pass the order which is extracted as below:-
“ 7. Hearing the learned senior counsel for the SBI and the learned senior counsel for the contesting unofficial
Respondents, we see that while the learned single Judge was justified in setting aside the award af the Tribunal,
the proper course to be adopted was to remit all the cases to the Tribunal. This we say for reasons more than
one. Firstly, in such matters, claims have to be decided on individual basis, as different persons have different
claims as to the length of officiation or discharge of duties and functions; quality of engagement, drawings,
accounting of the post for each one of them, who have worked etc. AIl these issues will not be the same in all the
cases. Therefore, each case ought to have been directed to be decided by the Tribunal afresh on individual
basis. The second and most important aspect is the learned single Judge has in one go ordered re-employment
of all the workmen. This is not a relief that could have been granted without answering the individual issues;
each issue relating to each case could not have been decided by the writ Court within the format of its
adjudication procedures and scope. The adjudicating body, which has to do that activity, is the Industrial
Tribunal. Therefore, we are of the view that while we would sustain the order of the learned singe Judge insofar
as it interfered and sets aside the award of the Tribunal, the further findings and directions, issued through the
impugned order have to go and the individual cases have to be sent back for consideration of the Tribunal. Such
further procedure before the Tribunal will have to be carried forward with the materials already on record and
also by affording an opportunity to the persons, who have claims as well as the management to place their rival
contentions and further material before the Tribunal. The learned counsel appearing for the workmen are
justified in pointing out that enormous delay has already happened and further action by the Tribunal in this
line may be expedited.
9. In the result, these writ appeals are ordered;
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[PART II—SEC. 3(ii)]
(1) affirming the impugned common order of the learned single Judge to the extent it sets aside the common
award dated 17.05.2005 of the Industrial Tribuna!;
(2) the further findings and directions issued through the impugned common order are vacated:
(3) all the matters shall be remitted to the Industrial Tribunal with a direction to dispose of them within an
outer limit of five (5) months from the date of receipt of a copy of this order; and,
(4) the parties to make appearance before the Tribunal on the given date.”
Thus, in view of the above direction of Hon‘ble High Court of Andhra Pradesh in W.A.No.1268 of 2014
and batch cases. This Tribunal has taken up the matter of industrial dispute for hearing and deciding it afresh in
view of the aforesaid guidelines laid down by the Hon‘ble High Court in Writ Appeal No.1268/2014 vide judgement
dated 20.3.019.
3.
The factual matrix of instant industrial dispute as narrated by the Workman in his claim statement are that,
the Workman joined in the service of the management institution as Messenger from 1988 to 1996, and has rendered
unblemished service spreading over a period of about 9 years. The Respondent has terminated services of Workman
by oral orders with effect from 1.4.1997. Further, it is submitted that the management of Respondent bank decided
to give a chance to temporarily employed personnel ―found suitable for permanent appointment‖ by wait- listing them
by offering permanent appointment or waitlisting till such opportunity arises.
4.
That on 17.11.1987 a settlement was reached between All India State Bank of India Staff Federation and the
Management of State Bank of India - settlement one, under this settlement three categories of employees were
listed. That is, A) those who have completed 240 days in 12 months or less after 1.7.1975. B) those who have
completed 270 days in any continuous block of 36 calendar months after 1.7.1975. C) (i) those who have completed
minimum of 30 days aggregate temporary service in any calendar year after 1.7.1975 or (ii) 70 days aggregate
temporary service in continuous block of 36 months after 1.7.1975.
5.
The persons who satisfied in all the above 4 categories were to be interviewed by a selection committee and
the said selection committee would determine the suitability of the said candidate for permanent appointment.
Therefore, the bank prescribed certain qualifications and from among the candidates satisfying the qualifications the
suitable candidates were enlisted by a selection committee. The Clause 7 of the said agreement provided with the
selected candidate would be wait listed in order of their respective categorization and the selected panel would be
valid upto December, 1991. Clause 10 of the settlement specifically provided that henceforth. ―there will be no
temporary appointments in the subordinate cadre‖, except on a restrictive basis in the specified category, ―from
amongst empanelled candidates as per existing guidelines of the bank‖. The Workman further submits that
consequent upon the said agreement and the draft, a notification was issued in the newspapers. The last date for
responding to the advertisement was 30.8.1988. A written examination followed by viva-voce in May, 1989 was
held. A selected panel was prepared, as per Clause 7 of the agreement, ie. Settlement No.1, the selected panel was to
be valid upto December, 1991, the Workman submits that circular was issued on 26.4.91 by the said letter it is
mentioned that the terms of the agreement dated 17.11.87 was modified vide second agreement dated 16.7.88 was
entered into between the parties. In terms of the said agreement a chance was to be given, ―to all eligible temporary
employees for permanent appointments. The appointments were against the vacancies likely to arise during the
years 1995-96, circular made it clear that in view of the enormity of the problem an extension of the currency of the
panel, eligible temporary employees who have been empanelled could not appear in the earlier interviews and have
been pursuing their cases thereafter, ―will be given another chance to appear for interview‖.
6.
Workman submits that there were total five settlements. The settlement dated 17.11.87 is the 1st
settlement (Ex M1), settlement dated 16.7.88 is 2nd settlement (Ex M2), settlement dated 27.10.88 is the 3rd
settlement (Ex M3), then settlement dated 9.1.91 is 4th settlement and settlement dated 30.7.96 is 5th settlement
(Ex M6). In between there is minutes of conciliation proceedings dated 9.6.95 marked as Ex M5. That due to all
these settlements which were extended by subsequent settlements thereby created reasonable expectations in the
list of the selected candidates arose with that it‘s a question of time their appointments or services would be
regularized in the services of the bank. The Workman was working with the bank on temporary basis was under
the bonafide hope that sooner his services will be regularized with the bank. He is thereby closed all his options
elsewhere. It is needless to point out that employing person to whom hope of employment in substantial terms was
made is a facet of Article 21 of the Constitution of India.
7.
Further Workman submits that the Government of India issued Circular No. F-3/3/104/87-IR, dated
16.8.1990. Under said circular the chief Executives of all public sector banks including the Management herein were
specifically instructed that until the problem of existing temporary employees is fully resolved, no bank is permitted
to make any permanent appointments. That some of the persons similarly situated like this Workman aggrieved by
the inaction on the part of the management of the bank is not regularizing their services from out of the selected panel
and not clearly focusing the vacancy position, filed W.P. No. 4194/97 before Hon‘ble High court of A.P.. It is
specifically averred in the said writ petition that the Management of the bank had failed to implement the settlement
and that it violates the various fundamental rights guaranteed under the constitution of India. The Hon‘ble High
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2977
court of A.P .. by order dated 5.3.97 directed the bank to implement the settlement as amended from time to time. It
also directed the bank to carry out the terms of settlement before the expiry of March, 1997. The Hon‘ble High
Court also recorded finding that the Bank cannot escape its liability of enforcement of the Settlement. In view of the
directions given by the High Court all candidates whose names appeared in the select panels prepared on the basis of
the agreement entered into on 17.11.87 under which the panel was valid upto December, 1991, and on the basis of a
settlement dated 27.10.1988 whereby the panels were made alive upto 31.3.1997 under which the panel was valid
upto December, 1999. The other agreement dated 16.7.1988 under which the panel was valid upto 1992 and on the
basis of the settlement dated 27.10.1998 whereby the panels were made alive upto 31.3.1997 were under the bonafide
impression that their cases will be considered for regularization and were living on the basis of the said reasonable
expectation. Unfortunately, contrary to the aforesaid directions given by the High Court and contrary to the
settlements entered into between the parties, the bank issued proceedings dated 25.3.1997, dated 27.3.1997 and
31.3.1997 instructing the various authorities of the Management not to continue the temporary employees those who
are in services of the bank from 1.4.97. The said order was followed by the Management. Aggrieved by the said
action the Workman herein and similarly situated candidates have filed a writ petition before the Hon'ble High Court
and by way of Writ Petition No.9206/97 seeking a declaration that the proceedings issued by the Deputy General
Manager and the Assistant General Manager (Respondents 3,4 and 5 therein) on 25.3.97, 27.3.97 and 31.3.97 as
illegal and also non-continuance of the Workmen therein in service by absorbing them in the services of the bank as
violative of Section 2(p) and 18(1) read with Rule 58 of Central Rules and sought for specific direction to the bank to
absorb them in service.
8.
Further, Workman submits that in the counter affidavit filed in Writ Petition No.9206/97, the bank has
submitted that it has about 805 branches in Andhra Pradesh alone. It has stated that due to exigencies of
circumstances and on account of the urgent need in its banks, it employed temporary employees in subordinate cadre.
It is pertinent to mention that it does not state the urgent or need or the nature of temporary employees that it had
engaged. Enquiry into the same would reveal that the stand taken by the bank either on the ground of urgent need or
of temporary employees is a façade to perpetuate unfair labour practice. It is designed to on the one hand, keep the
employed in the erroneous zone of hope and on the other to ensure that benefits that a model employer will extend
under various statutes to its employees is not required to be borne out by the bank. A reading of the counter affidavit
would show that the bank would opines that being just fair and reasonable are which obviously is reprehensible and is
a facet of unfair labour practice.
9.
The Workman submits that the bank had referred in its counter affidavit to three settlements dated 17.11.87,
16.7.88 and 27.10.88. The bank in the guise of extending the benefits of the circular of Government dated 16.8.90
stated in its counter affidavit that as follows:
"Government of India, vide its letter dated 16.8.1990, issued guidelines to all the public sector banks with regard to
recruitment and absorption of temporary employees in public sector banks. The said guidelines were issued to
implement on the lines of the approach paper on the issue provided by a committee constituted in this regard. The
Government of India guidelines made it clear that all the public sector banks may follow the provisions laid down in
the approach paper.
The approach paper specified that the cases of temporary employees who had put in not less than 240 days of
temporary service in 12 consecutive Months and who are entitled to benefit of Section 25-F may be decided by
entering into a settlement with the representative union. In respect of temporary employees who had put in less than
240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the Management
so desired, they could enter into a conciliation settlement with the representative union. Para 6(h), it is mentioned
that only those temporary employees who had put in temporary service of 90 or more days after 1.1 1982 would be
eligible for considering under the scheme. Although the Government guidelines envisaged for a settlement in respect
of employees who had put in temporary service of 90 or more days, the bank by way of further concession entered
into settlements Even in respect of those who had put in less than 90 days. As such, it could be Seen that the
settlements are more beneficial to the temporary employees concerned. The approach paper also specify at para 6(c)
that the banks would provide one time opportunity to all the temporary employees and for that purpose temporary
employees worked in the bank on or after 1.1.1982 could be considered for re-employment in terms of the scheme.
The Respondents have gone further wherein even persons working after 1975 were also considered.
As could be seen from the above, there was a genuine effort on the part of the Respondent bank to provide
permanent employment for as many as possible subject to availability of the vacancies.
It is further submitted that at para 6(k) of the approach paper, it was made clear that this would be one time
exercise in full and final settlement of all the aims and disputes for the past period in respect of temporary workmen
covered by the settlement. This would mean that the Government of India guidelines would cover only those persons
who were temporarily employed for the period specified therein and not otherwise. As such, it is submitted that the
Respondents have not only followed the Government of India guidelines but in fact covered cases of the employees
who had worked for less than 90 days. As such, question of violation does not arise and in any case those were only
broad guidelines and not directives".
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
10.
The Workman submits that the bank also referred a subsequent settlement dated 9.1.1991 wherein there is a
clause to the effect- that the panel of temporary employees and the panel of daily wage employees will be operated to
a particular period. Therefore, their cases will not be considered. The Management herein relying upon this settlement
in their impugned action. It is submitted that even the settlement dated 9.1.1991 will not empower the management
to terminate the services of the temporary employees who are working in the bank services like the Workman herein
as it does not specify the termination of the employees. In fact there are so many vacancies wherein the Management
has engaged several new persons as temporary messengers/ attendars/ sweepers etc., even after the judgment of
Hon‘ble High Court without considering the cases of the similarly situated candidates like the Workman herein. It is
submitted inspite of engaging fresh candidates as is now being done by the Management they would have continued
the similarly situated candidates like the Workman herein in the services of the bank and consider their cases for
absorption in view of the circulars issued by Central Government as well as the directions of this Hon'ble Court in
Writ Petition No.4194/97, dated 5.3.97. In view of the circulars issued by the Central Government, the Management
should not have relied upon the settlement dated 9.1.1991. Hence, the impugned action of the Management is illegal,
unjust, violative of fundamental rights such as Articles 14,16 and 21 of the Constitution of India.
11.
The Workman submits that in W.P. No.4194/97 filed by the union of temporary employees where in they
have complained about the non- implementation of the settlements arrived between the parties and sought for
absorption. Such employees in the bank services on permanent basis before the date fixed for carrying out the terms
of settlement, the Court held that the members of the union had been empanelled in the list, they were not regularized
and the time was going to run out to the near future and the Respondent bank and its officers cannot escape from the
liability of enforcing the settlement which has been reached and therefore directed that the bank and the officers shall
implement the settlement dated 17.11.87 as amended from time to time before the expiry of 31.3.97.
12.
Further, it is submitted that in the clause of Settlement it is specifically mentioned that the workmen to be
absorbed/appointed in the bank prohibiting any temporary appointments subsequent to the date of settlement even the
authorities want to make temporary appointments that should be made only from among the empanelled can be
appointed either for temporary vacancy or permanent vacancy except from among the empanelled candidates like the
Workman and that should be continued till they are absorbed. The management committed unfair labour practices
and terminated the services of the candidates with effect from 1.4.1997 which is arbitrary, discriminatory, contrary to
their own guidelines and violative of the constitutional provisions which are guaranteed in Chapter-III of the
Constitution of India.
13.
The Workman submits that it is strange as to how the panels were allowed to lapse by a so-called
Memorandum of Understanding dated 25.2.1997, that the action of terminating such employees like the
Workman by virtue of an impugned oral proceedings without implementing the settlement would be illegal and unfair
labour practice which cannot be allowed to be perpetuated. That the discontinuance of the Workman after 31.3.97
who had served in the bank in any capacity amounts to retrenchment. It could not have been done without any notice
and it violates Sec.25FF of the Industrial Disputes Act, 1947 and the said action is violative of principles of natural
justice guaranteed under Chapter III of the Constitution of India. This amounts to retrenchment without one month's
notice and taken in view of such notice. Thus, the main proceedings issued by the Respondent is without
jurisdiction and is arbitrary, illegal and therefore liable to be quashed. That the alleged Memorandum of
Understanding dated 27.2.97, Ex.M5 does not own any legal entity, as the said Memorandum of Understanding is
not published anywhere to brought to the notice of the Workman whose rights are being affected. It is submitted that
Management did not adhere to the procedure envisaged by the Central Government in its' instructions dated 16.8.90
in the year 1995. The same was not followed in the year 1997 despite there being vacancies.
The
management has followed the procedure of calling candidates through Employment exchange instead of giving
chance to the empanelled candidates like the Workman here. It is pertinent to mention here that the Respondent
Management sent letters to the all similarly situated candidates like the Workman in the month of June, 1997,
subsequent to the passing of impugned termination orders. After knowing the facts that the candidates are litigating,
the Management refused to engage these candidates. It is once again reiterated that the panels are meant for
absorption but not for termination. It was the duty of the Management to engage the empanelled candidates like the
Workman even in temporary vacancies till they are absorbed permanently in regular vacancies. Hence, the action of
the Respondent Management terminating the services of the Workman by oral order dated 31.3.97 is unjust, illegal,
violative of principles of natural justice and hence, the Management be directed to reinstate and absorb the Workman
and to grant all incidental and consequential benefits.
14.
Per contra, Respondent had filed counter and made a contentions that the reference is not tenable and
contrary to the provisions of I.D. Act, 1947. Respondent submitted that to tide over severe sub-ordinate staff
constraints which arose out of leave vacancies, exigencies, etc., and also owning to the restrictions imposed by the
Government of India/Reserve Bank of India on intake of staff, the Respondent bank used to engage sub-ordinate staff
like messengers, sweepers, sweeper cum water boys, etc., depending on the availability of work on purely temporary
basis for the smooth and uninterrupted functioning of the branches. It is submitted that the All India State Bank of
India Staff Federation which represents majority of the employees in the State Bank of India comprising about 98% of
the work force as its' members espoused the cause of temporary employees who have put in less than 240 days of
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2979
temporary service in 12 calendar months in the bank and who were ineligible for any protection under Industrial
Disputes Act, 1947 to give a chance for being considered for absorption and permanent appointments.
15.
Discussions were held and on 17.11.1987 an agreement was signed between the federation and the
Management bank under Sec. 2(p) read with Sec 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of
Industrial Disputes (Central) Rules 1957. A copy of the said settlement dated 17.11.87 which may be herein after
referred as first settlement is filed and 4 categories were made as it has already been mentioned in the claim statement
above, it need not be repeated here. In the first settlement, it was agreed that the temporary employees as categorized
would be given a chance for being considered for permanent appointment in the bank's service against the vacancies
which are likely to arise during the period 1987 to 1991. On 16.7.88 second settlement was arrived between the
Federation and the Bank whereby it was agreed to substitute the period of consideration of vacancies as 1987 to 1992
in place of 1987 to 1991 as contemplated under the first settlement dated 17.11.1987. This is the second settlement.
A 3rd settlement was entered into on 27.10.88 and it was agreed that the bank's service against the vacancies likely to
arise from 1988 to 1992 was to be considered. Government of India vide its letter dated 16.8.90 issued guidelines to
all the public sector banks with regard to recruitment and absorption of temporary employees in public sector banks.
The said guidelines were issued to implement on the lines of approach paper on the issue provided by a committee
constituted in this regard. Government of India guidelines made it clear that all the public sector banks may follow
the provisions laid down in the approach paper. The approach paper specified that the cases of temporary service in
12 consecutive months and who are entitled to benefit of Sec.25F of the Industrial Disputes Act, 1947 may be decided
by entering into a settlement with the representative union. In respect of temporary employees who had put in less
than 240 days of service in 12 consecutive months or less, a settlement could be avoided and however if the
Management so desired they could enter into a conciliation settlement with the representative union. In para. 6(h) it
is mentioned that only those temporary employees who had put in temporary service of 90 days or more days after
1.1.82 would be eligible for considering under the scheme. Although the Government guidelines envisaged for a
settlement in respect of employees who had put in temporary service of 90 days or more days, the bank by way of a
further concession entered into settlements. Even in respect of those who had put in less than 90 days and also the
bank went a step further and said those persons who are working after 1975 were also considered. Hence, there was
a genuine effort on the part of the Respondent bank to provide as many as possible jobs subject to the availability of
the vacancies. However, para 6 (k) of the approach paper made it clear that it is a one time, exercise in full and final,
settlement of all the claims and disputes for the past period, in respect of temporary workmen covered by the
settlement. Another settlement was entered on 9.1.91 herein after referred as 4th settlement and the time limit was
extended upto 1994 and separate panel was prepared for temporary employees, casual/daily wagers. It was agreed that
while vacancies arising between 1988 to 1994 in respect of temporary employees and in respect of casual/daily
wagers, they can be considered for the vacancies arising between 1995-96 only.
16.
It is submitted that the administrative set up of the Hyderabad Local Head Office comprises of four Zonal
Offices (Zones) at Hyderabad, Vijayawada, Visakhapatnam and Tirupathi covering all the Districts of Andhra
Pradesh. In terms of the settlement the Management after following the procedure laid down therein prepared the
panels of qualified candidates of temporary employees denoted as 1989 panel and also panel of casual/daily wagers
denoted as 1992 panel for giving a chance for being considered for permanent absorption. These panels were
prepared zone-wise separately for messengers and non-messengers in the descending order of temporary service put
in by the candidates during the stipulated period i.e., 1.7.1975 to 31.7.1988. That the Federation approached the
Regional Labour Commissioner(C) for implementation of bi-partite settlement in respect of absorption of temporary
employees. The Regional Labour Commissioner(C) conducted conciliation proceedings and an agreement was
arrived between the Federation and the bank. It was agreed that it would be kept alive upto March, 1997. A copy of
the conciliation proceedings dated 9.2.1995 signed by the parties is filed as material paper. A settlement was arrived
at and an agreement was signed between the Federation and the Management bank on 30.7.1996 under Sec.2 (p) read
with Sec.18(1) of the Industrial Disputes (Central) Rules, 1957, which is hereinafter called as 5th settlement. That on
27.2.1997 a Memorandum of understanding was also signed by the federation‘s affiliate and the bank Management
recording the fact that the exercise of identifying the messengerial vacancies as on 31.12.1994 has since been
completed by Central Office and thereby 403 messengerial vacancies were sanctioned . It was agreed that these
vacancies may be filled from 1989 panel of temporary employees after effecting conversion from full time non-
messengerial staff in the usual manner and the agreement was reached accordingly. It was agreed between the
Federation's affiliate and the Management bank that in terms of the settlement dated 30.7.1996 both the panels of
temporary employees and daily wagers/casual employees would lapse on 31.3.1997. That as agreed upon vacancies
were filled from the panels. The Workman who has put in an aggregate temporary service of less than 240 days in a
continuous block of 12 months period during 1.7.1975 to 31.7.1988 has no right to seek a direction to consider his
candidature for absorption in the Management bank under any rule/law except under the settlement entered into
thereon.
17.
Respondent contended that, in fact, the case of the Workman can be considered under all the five settlements
having got his case considered under provisions of these settlements. All the other provisions and terms of the
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THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
settlements are also binding on him/her. The Management bank has not violated any of the provisions of the terms of
the said settlement. That the very preparation and maintenance of panel is in compliance of the terms agreed under
these settlements. These settlements were time bound and they ceased to exist on 31.3.1997. That the bank has never
promised that all the candidates in the panel will be absorbed. In the advertisement itself it was made clear that
candidates will be considered for absorption in the vacancies that may arise upto 1992. Keeping alive the panels after
31.3.1997 is contrary to the settlements arrived between the State Bank of India Staff Federation and the Management
bank. That the settlements are binding on the parties. The Workman is also bound under the terms of the said
settlement. The settlement does not suffer from any ambiguity as their language is very clear. The right under the
settlements is to give them a chance to be considered for future appointment in the bank's services against the
vacancies likely to arise. The settlements were effected to balance the expectations of the temporary employees to be
absorbed in permanent service as against the constitutional rights for all eligible persons to be considered for
employment every time a vacancy arises. That the alleged dispute including the demand for reinstatement has to be
decided in this context. It is submitted that the period of panel list got expired on 31.3.97 and it is an integral term of
the settlement and cannot be modified in any proceedings under the law. These temporary employees who
unfortunately could not be accommodated for want of vacancies have no further rights to be considered for
regularization. That the Hon'ble High Court in WP No.12964/94, held as follows, "It is needless to state that the
settlement arrived at between the All India State Bank of India Staff Federation which, is the majority union and the
bank Management is binding on the Workmen also. It is not at all the case of the Workman that any of the terms of
the settlement has been violated by the bank's Management. If the Workman had worked in the bank on part-time
basis before 31.5.94, that itself would not vest in him a right to claim that his services should be regularized on
permanent basis against a full time cadre post. The claim put forth by the Workman in the present petition is therefore
misconceived and not tenable. However, it is open to the Workman to claim any right which flows from the
settlement between the union and the bank Management. As already pointed out that it is not the grievance of the
Workman that some right which has flown from the settlement in favour of the Workman has been denied by the bank
Management. Therefore, I do not find any ground, let alone substantial ground, to grant the kind of relief sought for
by the Workman. Writ Petition fails and is accordingly dismissed. No costs."
18.
Further, it is contended that if the panels were not lapsed at the end of designated period and allowed to be
continued it would result in making the contracts of temporary employment indirectly permanent through back door
entry, which would not only be contrary to the settlements but also to Articles 14 and 16 of Constitution of India and
deprive the chances of original claimants who would Come through proper recruitment procedure. As their rights
have been crystallized by operation of the settlements. Hence, there is no question of any Legitimate expectation
being violated.
19.
Similarly placed ex-employees filed WP No.9206/1995 and the batch before the Hon'ble High Court of A.P.
and the learned Single Judge allowed the Writ Petitions. Aggrieved by the same WA No.86/98 and the batch was
filed and the Division Bench set aside the order of the Single Judge. Thereafter the ex-temporary employees filed
Special Leave Petition No.11886-11888 of 1998 before the Hon'ble Supreme Court of India. The Hon'ble Supreme
Court of India also dismissed the SLP. Therefore, reference to the Judgement of the Learned Single Judge in WP
No.9206/97 is of no consequences as the same has already been set aside. The observations made in the Judgements
cannot be relied upon for any purpose what so ever. The question of operation of Sec.25F would not come into play.
Further the issue is covered by various Judgements of Hon'ble Supreme Court of India and various Hon'ble High
Courts. Hence, the reference may be ordered that the Workman is not entitled for any relief.
20.
In order to fortify his claim Workman has examined himself as WW1 and also filed documents in evidence
which has been exhibited as Ex.W1 to W4. Further, the Workman has filed photocopies of documents in support of
his claim which are discussed as under:-
Ex.W1 notification Ex. W2 Interview letter Ex. W3 Service Certificate Ex.W4 Service certificate
21.
On the other hand, Respondent has examined witness MW1 Sri K. Bala Kotaiah and this witness has
exhibited 12 documents, marked as Ex.M1 to M12. The details of these documents are as follows:-
Ex.M.1 is the Settlement dated 17.11.1987. Ex.M2 is the Settlement dated 16.7.1988. Ex.M3 is the Settlement
dated 27.10.1988. Ex.M4 is the Settlement dated 9.1.1991. Ex.M5 is the Minutes of the conciliation proceedings
dated 9.6.1995. Ex.M6 is the Settlement dated 30.7.1996. Ex.M7 is the Memorandum of Understanding dt.
27.2.1997. Ex.M8 is the Particulars of 1989 Non Messenger Panel. Ex.M9 is the Particulars of 1989 Non-
Messengerial Panel. Ex.M10 is the Particulars of 1992 Panel. Ex.M11 is the Judgment of Hon‘ble High Court of
A.P. in Writ Appeal No.86/98 dt.1.5.1998. Ex.M12 is the Judgment of Hon‘ble Supreme Court of India in SLP No.
11886-11888 of 1998 dt.10.8.1998.
22.
Apart from afore mentioned documents, Learned Counsel for Workman has also filed a long list of various
judgements of Hon‘ble Supreme Court as well as Hon‘ble High Court, which we will discuss at appropriate place in
this Award.
[भाग II—खण् ड 3(ii)]
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2981
23.
Heard the argument of Learned Counsel for Workman as well as for Respondent.
24.
On the basis of rival pleadings of both the parties and submissions made by the Learned Counsel for both
the parties, following points arise for determination in the industrial dispute :-
I.
Whether the 1st settlement dated 17.11.1987, 2nd settlement dated 16.7.1988, 3rd settlement dated
27.10.1988, 4th settlement dated 9.1.1991 and 5th settlement dated 30.7.1996 entered into between
State Bank of India and All India State Bank of India Staff Federation and also Memorandum of
Understanding are binding upon both the parties?
II.
Whether the action of State Bank of India, JNTU Ananthapur branch in terminating the services of
Workman Sri K. Vanurappa, a Messenger with effect from 31.3.1997 is justified?
III.
Whether the Workman is entitled for absorption on permanent post in the Branch of Respondent
management as per averments made by him in the claim statement?
IV.
To what relief if any the Workman is entitled for?
Findings:-
25.
Point No.I:- Undisputedly settlements dated 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 and 30.7.1996,
minutes of conciliation proceedings and memorandum of understanding dated 27.2.1997 were executed between the
State Bank of India and All India State Bank of India Staff Federation under section 2(p) and 18 (1) of I.D. Act, 1947
read with Rule 58 of Industrial Disputes (Central Rules), 1957.
Section 2(p) of the Industrial Disputes Act, 1947 as follows:-
(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written
agreement between the employer and workmen arrived at otherwise than in the course of conciliation
proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed
and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the
conciliation officer;
Section 18(1) provides as follows:-
18. Persons on whom settlements and awards are binding.
- [(1) A settlement arrived at by agreement between the employer and Workman otherwise than in the course of
conciliation proceeding shall be binding on the parties to the agreement.
Therefore, in view of the provision contained u/s.18 (1) I.D. Act, 1947, terms and conditions enumerated in
the aforesaid settlements are binding on the parties to the agreement. The Learned Counsel for Workman has argued
that the Workman after going through the selection procedure has successfully been listed in the panel for
appointment on the permanent basis in the Respondent management and the empanelled list has to be valid till last
person in the empanelled list is appointed on permanent basis. But the impugned order dated 25.3.97, 27.3.97 and
31.3.97, has been issued by Respondent management thereby the services of the Workman has been terminated and
the said order is not in consonance of the terms of the agreement entered into between the parties. Further, Workman
submits that the Respondent in the 5th settlement has mentioned the date i.e., 31.3.1997 for lapse of empanel list
which is illegal and that is not binding upon the Workman. The condition of lapse of empanelment list on 31.3.97
incorporated in the aforesaid 5th settlement, is arbitrary and illegal.
26.
The perusal of the impugned order dated 25.3.1997 goes to reveal that the Chief/Branch Manager, SBI Zonal
Office has issued the letter to all the branches with regard to the subject not to make any temporary appointments in
the Branch in messengerial category from 1.4.1997. The extract of the said letter is given below:-
―We have been advised by the Deputy General Manager, Zonal Office, Hyderabad that as both the panels of
temporary employees of 1989 and daily wagers/casual labours of 1992 will lapse by 31.3.1997, it has been
decided by Central Office not to make any temporary appointments in messengerial category from 1.4.1997.‖
Thus, from the contents of the aforesaid letter, it manifest that Head Office of State Bank of India vide
letter dated 25.3.1997 has issued direction to all its branches not to make any temporary appointments in messengerial
category from 1.4.1997 due to reason of lapse of both panels i.e., 1989 & 1992 on 31.3.1997 as per terms of
settlements entered into by both parties. Further, the contents of the subsequent letter dated 27.3.1997 issued by
Respondent Management is also direction to Branch Manager, State Bank of India not to make any temporary
messengerial category appointment with effect from 1.4.1997 and it has also been communicated to all concerned
that the panels of temporary employees and daily wagers maintained by Zonal offices stand lapsed from 31.1.1997.
Further, office order dated 31.3.1997 has been issued by Respondent management that goes to reveal that the said
office order has been issued to this effect that, ―Consequent on absorption of temporary employees in permanent
cadre, it has been decided by the competent authority that no one onwards, no further daily labour or temporary
employees/appointments should be resorted to/engaged/employed.‖ Therefore, it reflects from the contents of the
2982
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[PART II—SEC. 3(ii)]
aforesaid orders that the temporary appointment in messengerial category and daily labour has been stopped by the
Respondent management with effect from 1.4.1997 because of the lapsed of panel of temporary workers and daily
wagers by 31.3.1997. The agreement for lapse of both the panels on 31.3.1997 is contained in the 5th settlement
which has been arrived at between the parties on dated 30.7.1996 with the consensus of both the parties. Therefore,
Workman can not challenge the terms and conditions contained in settlement dated 30.7.1996 regarding lapse of
panel on 31.3.1997 as agreed between State Bank of India and State Bank of India Staff Federation. As per provision
contained u/s.18(1) of I.D. Act, 1947 the said Agreement dated 30.7.1996 is binding on both the parties.
In the case of Allied Sales Corporation Secunderabad vs.The Authority Under Andhra Pradesh..... 1990 II LLJ
510 AP para 414, Hon’ble Court have held:-
―4. There was a settlement between the Management and the workmen under Section 18(1) of the Industrial
Disputes Act on 25th April 1983 under which the age of superannuation of the workmen was fixed at 55 years.
The settlement was to be in force upto 30th June 1986 and the next settlement, incorporating practically the
same terms, was again entered into on 4th February 1987 under Section 18(1) of the Industrial Disputes Act.
There is no dispute that these settlements are under Section 18(1).
14. Now the Authority constituted under Section 41(1) of the Act is an authority with very limited jurisdiction. It
can only decide in the first appeal whether a termination by the management is valid or not and is within the
parameters of Section 40 of the Act. The said Authority, in our view, has absolutely no jurisdiction to decide
whether a settlement entered into under Section 18(1) of the Industrial Disputes Act between the representatives
of the Workmen and of the Management, is vitiated by undue influence or misrepresentation or coercion on the
part of the Management. The Authority, namely, the Assistant Commissioner of Labour, was never intended by
the A.P. Legislature to have jurisdiction to go into the question of the validity of a settlement arrived at
under Section 18 of the Industrial Disputes Act by an Industrial Court. That Parliament has, in fact, constituted
Industrial Courts under the Industrial Disputes Act, with extensive powers cannot be disputed. What we mean to
say is that the Authority under Section 41(1) of the A.P. Act has no jurisdiction what-so-ever either to question
or to decide about the validity of any such settlements. If parties to a settlement have a grievance about the
validity of a settlement, it is for them to agitate the matter before the appropriate forum and they cannot ask an
Authority constituted under Section 41(1) of the A.P. Shops and Establishments Act, 1966 with limited
jurisdiction, to go into any such question and, that too, incidentally while deciding whether retirement as per
the contract of employment, is legal or not.”
It is not the case of Workman that aforesaid settlements are vitiated by undue influence or
misrepresentation or coercion on the part of the management. If the Workman feeling aggrieved by any terms of
settlement/ agreement on the aforementioned grounds then he can challenge of settlement before a competent
authority under the Act, 1947. But here in the instant matter it is not a case of Workman that aforementioned
settlement has been entered into between the parties on the ground of undue influence or misrepresentation or
coercion. Therefore, Workman is barred to raise any objection in respect of fixing the date of lapse of both panels
on 31.3.1997 as agreed between both the parties and Workman can not challenge any terms of said Agreement.
Further in the case of Herbertsons Limited Vs. Workmen of Herbertsons Limited and Ors, 1977 AIR
322, Hon‘ble Supreme Court have held:-
The Tribunal thought that the question of the quantum of membership of the 2nd Respondent did not call for a
finding at all in view of 1his Court's order. As observed above that was not a correct assumption. On the other
hand, we feel that this view of the Tribunal has led it to approach the matter in an entirely erroneous manner.
The Tribunal is, rightly enough, conscious that under section 18 (1) of the Industrial Disputes Act the settlement
was binding on the company and the members of the 3rd Respondent union. Even so, the Tribunal devoted
nearly half of its order in scanning the evidence given by the company and Respondent No. 3 to find out
whether the terms of the settlement had been explained by the President of the union to the workmen or not and
whether the workers voluntarily accepted the settlement knowing all the "consequences". This to our mind is
again an entirely wrong approach.
“When a recognised union negotiates with an employer the workers as individuals do not come into the picture.
It is not necessary that each individual worker should know the implications of the settlement since a
recognised union, which is expected to protect the legitimate interests of labour, enters into a settlement in the
best interests of labour. This would be the normal rule. We cannot altogether rule out exceptional cases where
there may be allegations of mala fides, fraud or even corruption or other induce- ments. Nothing of that kind
has been suggested against the President of the 3rd Respondent in this case. That being the position, prima
facie, this is a settlement in the course of collective bargaining and, therefore, is entitled to due weight and
consideration.
It is not possible to scan the settlement in bits and pieces and hold some parts good and acceptable and others
bad. Unless it can be demonstrated that the objectionable portion is such that it completely outweighs all the
[भाग II—खण् ड 3(ii)]
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2983
other advantages gained the Court will be slow to hold a settle- ment as unfair and unjust. The settlement has to
be accepted or rejected as a whole and we are unable to reject it as a whole as unfair or unjust. Even before
this Court the 3rd Respondent representing admittedly the large majority of the workmen has stood by this
settlement and that is a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we
cannot also be oblivious of the fact that all workmen of the company have accepted the settlement. Besides, the
period of settlement has since expired and we are informed that the employer and the 3rd Respondent are
negotiating another settlement with further improvements. These factors, apart from what has been stated
above, and the need for industrial peace and harmony when a union backed by a large majority of workmen has
accepted a settlement in the course of collective bargaining have impelled us not to interfere with this
settlement. That being the position, we unhold the settlement as fair and just and order that the award of the
Tribunal shall be substituted by the settlement dated October 18, 1973. The said settlement shall be the
substituted award. The appeal is disposed of accordingly. There will be no order as to costs.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court as discussed above, the contention of the
Workman that the date fixed for lapse of empanelled list on 31.3.1997 for appointment to the permanent post vide 5th
Settlement dated 30.7.1996 is arbitrary, illegal is not untenable. The recognized union of Workmen has negotiated
with the Respondent Bank Management representing large number of Workmen and the Workman as individual do
not come into picture. Workman in the instant case has work as temporary Workmen in the Respondent Branch and
in response of Notification he had applied for inclusion of his name in the panel and he was selected for inclusion
his name in the panel list to be utilized for absorption of such Workman to permanent post in order of their seniority
in the list. The Settlement dated 30.7.1996 between State Bank of India and All India State Bank of India Staff
Federation under Sec.2(p) and Sec.18(1) of I.D. Act, 1947 has clearly provided as regard non-messengerial position
and it is agreed that all such posts sanctioned fallen vacant upto 31.3.1997 shall be filled before empanel list is
allowed to lapse. Thus, in view of law laid down by the Hon‘ble Apex Court, in the instant case, Agreement dated
30.7.1996 was entered into between both the parties in respect of lapsing of the both the panels on 31.3.1997 and
absorption of the Workmen from panel list was subject to availability of vacancy of post likely to arise upto
31.3.1997, have a binding force on Workman as well as management of State Bank of India in view of provision
contained under section 18 (1) of I.D. Act, 1947.
Thus, Point No.I is answered against the Workman and in favour of the Respondent.
27.
Point No.II:- Firstly, it is submitted on behalf of the Workman that the Respondent has terminated his
services by oral order on 31.3.1997 without issuing any notice or paying any salary or compensation in lieu thereof.
Therefore, the termination order of the Workman from service is in violation of provision contained Under Section 25
F of I.D. Act, 1947. Therefore, the order is liable to be set aside.
28.
On the other hand, Respondent counsel contended that Workman has not worked for 240 days in any
preceding calendar year. Therefore, reference of the industrial dispute is not relevant. In this context, the Workman
has examined himself as WW1 who has reiterated that Workman has been terminated from service by Respondent on
31.3.1997 without notice of salary or compensation in lieu thereof. Before examining the claim of the Workman on
merit it would be apposite to reproduce the provision contained under section 25 F:-
Section 25F provides:-
Conditions precedent to retrenchment of workmen.- No Workman employed in any industry who has been in
continuous service for not less than one year under an employer shall be retrenched by that employer until—
(a) the Workman has been given one month' s notice in writing indicating the reasons for retrenchment and
the period of notice has expired, or the Workman has been paid in lieu of such notice, wages for the period of
the notice:
(b) the Workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen
days' average pay for every completed year of continuous service] or any part thereof in excess of six months;
and
(c) notice in the prescribed manner is served on the appropriate Government or such authority as may be
specified by the appropriate Government by notification in the Official Gazette].
Compensation to workmen in case of transfer of undertakings.
Section 25B defines the term continuous service which provides
Definition of continuous service.- For the purposes of this Chapter,--
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[PART II—SEC. 3(ii)]
(1) a Workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted
service, including service which may be interrupted on account of sickness or authorized leave or an accident
or a strike which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of
the Workman;
(2) where a Workman is not in continuous service within the meaning of clause (1) for a period of one year or
six months, he shall be deemed to be in continuous service under an employer--
(a) for a period of one year, if the Workman, during a period of twelve calendar months preceding the date with
reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days in the case of a Workman employed below ground in a mine; and
(ii) two hundred and forty days, in any other case;
In order to prove the fact of 240 days of service within 12 months of a calendar year just preceding from the
date of termination, the initial burden of proof lies upon the Workman and the Workman has to prove this factum by
adducing his oral as well as documentary evidence in support of his claim.
Further, how to calculate 240 days of service by the Workman in a calendar year. In this context the
reference of decisions of Hon‘ble Supreme Court is relevant and the same are discussed below:-
In Rajasthan State Ganganagar S. Mills Ltd. v. State of Rajasthan and Anr. (2004) Apex Court held:
"It was the case of the Workman that he had worked for more than 240 days in the year concerned. This claim
was denied by the appellant. It was for the claimant to lead evidence to show that he had worked for 240 days
in the year preceding the date of his termination. He has filed an affidavit. It is statement which is in his favor
and that cannot be regarded as sufficient evidence for any Court or Tribunal to come to the conclusion that in
fact the claimant had worked for 240 days in a year These aspects were highlighted in Range Forest Officer v.
S.T. Hadimani (2002 (3) SCC 25. No proof of receipt of salary or wages for 240 days or order or record in that
regard was produced. Mere non-production of the muster roll for a particular period was not sufficient for the
Labour Court held that the Workman had worked for 240 days as claimed."
In Municipal Corporation, Faridabad v. Siri Niwas (2004 (8) SCC 195), held "the burden was on the Workman to
show that he was working for more than 240 days in the preceding one year prior to his alleged retrenchment." In
M.P. Electricity Board v. Hariram (2004 (8) SCC 246) the position was again reiterated in paragraph 11 as follows:
"The above burden having not been discharged and the Labour Court having held so, in our opinion, the Industrial
Court and the High Court erred in basing an order of reinstatement solely on an adverse inference drawn
erroneously ..‖
In the case of Manager, RBI, Bangalore vs. S Mani (2005) SCC Page 100, the 3 Judges Bench of the
Apex Court held that "the initial burden of proof was on the Workman to show that he had completed 240 days of
service."
Hon'ble Apex Court in the case of Mohan Lal vs Management BEL 1981 SCC page 225 has laid down
the principle that how to count 240 days of service within one year it is held: "Clause (2)(a) provides for
a fiction to treat a Workman in continuous service for a period of one year despite the fact that he has not
rendered uninterrupted service for a period of one year but he has rendered period of 240 days during the
period of 12 calendar service for months counting backwards and just preceding the relevant date being the
date of retrenchment. In other words, in order to invoke the fiction enacted in clause (2)(a) it is necessary to
determine first the relevant date, ie the date of termination of service which is complained of as retrenchment.
After that date is ascertained. move backward to a period of 12 months just preceding the date of retrenchment
and then ascertain whether within the period of 12 months, the Workman has rendered service for a period of
240 days. If these three facts are affirmatively answered in favor of the Workman pursuant to the deeming
fiction enacted in clause (2)(a) it will have to be assumed that the Workman is in continuous service for a
period of one year and he will satisfy the eligibility qualification enacted in Section 25-F"
“14. We have already extracted section 25B since its amendment and the change in language is the legislative
exposition of which note must be taken. In fact, we need not further dilate upon this aspect because in Surendra
Kumar Verma and Ors. v. Central Government Industrial-cum-Labour Court, New Delhi and Anr., Chinnappa
Reddy. J., after noticing the amendment and referring to the decision in Sur Enamel and Stamping Works (P)
Ltd case, held as under:
"These changes brought about by Act 36 of 1964 appear to be clearly designed to provide that a Workman who
has actually worked under the employer for not less than 240 days during a period of twelve months shall be
deemed to have been in continuous service for a period of one year whether or not he has in fact been in such
continuous service for a period of one year. It is enough that he has worked for 240 days in a period of 12
months, it is not necessary that he should have been in the service of the employer for one whole year."
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2985
In a concurring judgment Pathak J. agreed with this interpretation of section 25B(2). Therefore, both on
principle and on precedent it must be held that section 25B(2) comprehends a situation where a Workman is not
in employment for a period of 12 calendar months, but has rendered service for a period of 240 days within the
period of 12 calendar months commencing and counting backwards from the relevant date, i.e. the date of
retrenchment. If he has, he would be deemed to be in continuous service for a period of one year for the
purpose of section 25B and Chapter VA.”
Thus, in view of the law laid down by the Hon‘ble Apex Court as discussed above the initial burden of
proof lies upon the Workman to show that he has completed 240 days of the service with the Respondent just
preceding from the date of his termination. Further, in respect of the employment of calculating the 240 days service
in view of the contents of Section 25-F read with Section 25-B of the I.D. Act, 1947.
29.
Now, in view of the provision contained under Section 25 F and law laid down by the Hon‘ble Apex Court,
we have to examine whether the Workman has discharged his initial burden of proof in respect of his claim of 240
days continuous service in a calendar year just preceding from the date of his termination i.e., 31.3.1997.
In this context, WW1 in his cross examination has stated that,
“I was not sponsored by any employment exchange and I did not undergo the selection process required
for appointment in the bank.”
“I did not work for 240 days in any year in my entire service in the bank.”
Thus, it is clear from the testimony of WW1 that the Workman had not worked for 240 days continuously in
any 12 months of a calendar year just preceding from the date of his termination in the Respondent bank.
Therefore, Workman failed to establish his plea by his oral and documentary evidence that he had worked for 240
days continuously in calendar year just preceding from the date of his termination i.e., 31.3.1997. Thus, the claim of
the Workman that he has been terminated by oral order without issuing notice or payment in lieu after termination, in
contravention of Section 25 F of Industrial Disputes Act, 1947 is not tenable. However the documents filed by the
Workman in support of his claim, number of days worked with the Respondent goes to reveal that the Workman
had worked intermittently as daily wager depending upon availability of work in branch. Workman did not file any
document of appointment letter or salary slips in support of his claim for appointment as a non-messenger in the
Respondent branch on temporary basis.
30.
Per contra, the Learned Counsel for Respondent has submitted the allegation of Workman that he was
terminated from services is not correct. As the vacancies were filled up on regular basis in order of their respective
seniority the non-engagement of the Workman does not amount to termination. Further, Respondent contended that
no law provide that even though there is no work temporary employee should be continued in the bank work as the
very engagement of Workman was subject to availability of work. Therefore, the allegation that the bank has
indulged in unfair labour practice is incorrect.
31.
Thus, in view of the fore gone discussion and contentions made by the Respondent, I find the force in the
argument advanced by the Respondent that in the instant matter, Workman was not terminated from service by order
dated 31.3.1997 rather he was disengaged in view of the non-availability of the work in the branch. Further, there
was direction issued by the Head Office of the Respondent authority not to engage any daily wager Workman/
temporary Worker w.e.f. 1.4.1997. Thus, such disengagement of Workman does not amount to termination.
Moreover, the Workman failed to prove his claim that he was terminated in contravention of provision of Sec.25F of
the I.D. Act, 1947 as he failed to establish his plea by any oral or documentary evidence that he had worked for 240
days continuously in a twelve months of calendar year just preceding from date of termination i.e., 31.3.1997.
32.
Further, perusal of the order dated 25.3.1997 goes to reveal that the Chief Branch Manager, State Bank of
India has issued the letter to Zonal Office with direction to all its branches to this effect that they have been advised
by the DGM, Zonal Office, Hyderabad that as both the panel of temporary employees of 1989 and daily
wagers/casual labour of 1992 will lapse on 31.3.1997 it has been decided by central office not to make any temporary
appointments in messengerial cadre from 1.4.1997, therefore it was directed to issue suitable instructions not to make
temporary appointments from 1.4.1997. There is no mention in this order that the Workman herein has been
terminated from service by this order.
33.
Further, the circular dated 27.3.1997 was issued by DGM, SBI to all branches in commercial network in
respect of the non-appointment of temporary employees in subordinate cadre and it has directed not to make any
temporary employment in the subordinate cadre with effect from 1.4.97 and further, it has directed to ensure that no
temporary/casual/daily basis appointment of the petty cash. Further, it is directed to all Branch Managers that any
deviation in this regard will be viewed seriously. Thus, these circulars do not reflect that the Workman has been
terminated from service by this order.
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[PART II—SEC. 3(ii)]
34.
Similarly, office order dated 31.3.1997 is simply a direction to all branches of the Respondent bank by
DGM that no further daily labour should be engaged or employed. Therefore, the plea of the Workman that he has
been terminated by the aforesaid order dated 25.3.1997, 27.3.1997 and 31.3.1997 from the service by the Respondent
is not acceptable. The evidence adduced by the Workman clearly goes to reveal that he had worked as a daily wager
for which he has been paid wages according to number of working days. As there was an order for prohibition for
engaging temporary workmen, in the bank, therefore, Workman could not be engaged by the Respondent for work
from 1.4.1997 and there after. It is settled law that the daily wagers are engaged by the employer depending upon
the availability of work and as the work was not available the Workman was not engaged further by the Respondent
management. Therefore, the Workman on the ground of number of days he had worked in the Respondent bank
cannot claim any right to reinstate him into the employment. As the Workman failed to prove the mandatory
condition of 240 days of continuous service as required under Sec.25F of I.D. Act, 1947. Therefore, the
disengagement of Workman from work can not be termed in contravention of provision contained under Sec.25F and
25 B of the I.D. Act, 1947.
Thus, this point is answered against the Workman and in favour of Respondent.
35.
Point No.III:- In this context, the Workman has contended that the management failed to implement the
selected panels during its valid tenure. The management adopted the back door methods contrary to the settlements
and filled up the vacancies. The same is evident from the proceedings dated 18.11.1993 a copy of the same is filed in
the material papers and the same may be read as part of the claim statement. Further, it is submitted that management
has to adhere the procedure issued by the Central Government, the instructions dated 16.8.1990 in the year 1995, but
same was not followed in the year 1997 despite there being vacancies. The management has followed the procedure
of calling candidates through employment exchange instead of giving chance to the empanelled candidates like the
Workman herein. The management sent call letters to the similarly situated candidates like the Workman in the month
of June 1997 subsequent to issuance of impugned termination orders. After knowing the fact that they are litigating
the issue by way of dispute, the management has refused to engage those candidates, the copies of call letters issued
are filed herein along with claim petition. The Workman herein reiterates that the panels are meant for absorption but
not for termination. In view of the same a duty is cast upon the Respondent management to engage the empanelled
candidates like the Workman herein even in temporary vacancies till they are absorbed permanently in regular
vacancies.
36.
On the other hand, Respondent has contended that the Federation approached Regional Labour
Commissioner (Central) for implementation of bipartite settlement in respect of the absorption of temporary
employees. The Regional Labour Commissioner (Central) conducted conciliation proceedings and agreement was
arrived at between the Federation and the Management bank. It is submitted that it was agreed between the
Federation and the Management that both the panels of temporary employees and daily wagers /casual labour would
be kept alive upto March, 1997 and the vacancies as agreed to under the afore set out settlements will be filled from
both the lists concurrently. A copy of the conciliation proceedings dated 9.6.1995 signed by the parties to the dispute
is filed as a material paper. Further, it is submitted that the settlement was arrived at and an agreement was signed
between the Federation and the Management bank on 30.7.1996 under Section 2(p) read with Section 18(1) of the
Industrial Disputes (Central) Rules 1957 which is binding on the parties. A copy of this agreement which hereinafter
may be referred to as 5th settlement for brevity, is also filed as a material paper. The 5th settlement dated 30.7.1996
whereunder the earlier four settlements dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 were also referred, it
was agreed to, by the Federation and the Management bank that both the panels of temporary employees and daily
wagers/casual employees will be kept alive upto March, 1997 for filling the vacancies existing/arrived at as on
31.12.1994 as per the norms agreed to between the bank and Federation and that thereafter the said panels would
lapse. It was also agreed that within the framework of the above settlements the modalities about drawing names
from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided
administratively on circle to circle basis depending upon the local requirements in consultation with the Federation‘s
affiliate by the Circle management. It was further agreed that all messenger real vacancies/positions in the subordinate
cadre including part-time attendants specifically provided as leave reserve will be filled by the end of 31.3.1997.
Further, Respondent contended that on 27.2.1997 a memorandum of understanding was also signed between the
Federation‘s affiliate and the bank management regarding the fact that the exercise of identifying the messengerial
vacancies as on 31.12.1994 has since been completed by central office and thereby 403 messengerial vacancies were
sanctioned to the circle of the Management bank and it was agreed that these vacancies may be filled from 1989 panel
of temporary employees after effecting conversion from full time non-messengerial staff in the usual manner and the
agreement was reached upon. Further, it was agreed between the Federations affiliate and the management bank
that in terms of the settlement dated 30.7.1996 both the panels of temporary employees and daily wagers /casual
employees would lapse on 31.3.1997.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2987
37.
The Workman has contended that the empanelled list prepared by the Respondent management for
appointment of temporary and daily wage Workers to the permanent post cannot lapse unless until it is exhausted by
appointing all the empanelled persons and it should continue even after 31.3.1997, i.e., the date fixed for the lapse of
panel. It is undisputed that the date of lapse of empanelled list of Workmen has been fixed to 31.3.1997 as
mentioned in the settlement dated 30.7.1996, and agreed between the parties. It is settled law that and once the life
of panel list lapses on the date as agreed between the parties it cannot be extended beyond that date. In the instant
case the panel list of the workmen was valid upto 31.3.1997 in view of the terms and conditions enumerated in the 5th
Settlement entered into between the parties. As the lapse of panel i.e., 31.3.1997 has been agreed by State Bank of
India and State Bank of India Staff Federation through 5th Settlement, the Workman is not competent to challenge the
same.
In this context I would like to take reference of the decision of the apex court in the case of Syndicate Bank and Ors
vs. Shankar Paul and Ors , AIR 1997 SC 3091, therein the Hon’ble Apex Court have held:-
“Till 1982, the branches of the appellant Bank in Calcutta region were recruiting persons locally to work as
temporary attenders in leave vacancies. In view of the revised procedure prescribed by the Government of India
in respect of such temporary appointments, the Calcutta regional office of the appellant Bank issued a circular
to all of its branches on 14.8.1982, instructing all the branches under it to discontinue the old practice from
1.6.1982 and appoint only empanelled candidates. The regional office was to prepare a panel of eligible
candidates, after calling names from the local/district employment exchange, and split it up branch-wise.
Following that new procedure yearly panels were prepared thereafter. Names of the Respondents were for the
first time included in the panel prepared for the period 7.2.1987 to 6.2.1988. By its letter dated 7.2.1987 the
Bank had informed the Respondents that the panel was valid for one year only and that inclusion of their names
in the panel was not to confer on them any right to seek permanent appointment in the service of the bank.
Considering the object with which the panel was prepared and the fact that it was an yearly panel expiring on
6.2.1988, we are of the opinion that the Respondents did not get any right, because of inclusion of their names
in the said panel, for permanent absorption in the service of the Bank. Whatever conditional right they had
came to an end with the expiry of the panel. The claim of the Respondents, as contained in the writ petition was
thus misconceived and therefore the learned single Judge and the Division Bench, when it first decided the
appeal, were right in dismissing the writ petition and the appeal respectively.”
Thus, in view of the above law laid down by the Hon‘ble Apex Court and in view of the terms and
conditions of the 5th Settlement the contention of the Workman that empanelled list should continue even after
31.3.1997 till the last Workman in the panel is absorbed is not tenable. The contention of the Workman is baseless
in view of recital in the settlement. Therefore, in view of the fore gone discussion and finding given at Point No. I
regarding binding nature of Settlements and terms and conditions enumerated therein, in view of the provision
contained u/s.18(1) of the I.D. Act, 1947, I am of the considered view that life of panels lapsed on 31.3.1997 in view
of terms of settlement dated 30.7.1996 and plea of Workman that the panel shall continue even after 31.3.1997 till
last man absorbed has no legal force and same is untenable.
38.
Undisputedly, settlement agreement dated 30.7.1996 was executed between the State Bank of India and
State Bank of India Staff Federation and in that settlement it was agreed that both the panels of temporary employees
and daily wagers/ casual employees will be used for filling vacancies existing as on 31.12.1994 as per the norms
agreed between the bank and the Federation. These empanelled workmen were to be given a chance for permanent
appointment in the bank against vacancies arising up to December 1994 whereas the daily wagers/ casual employees
were to be considered against the vacancies arise from January 1995 to December 1996, whereby the said panel
would lapse. It was agreed that the vacancies falls upto 31.3.1997 shall be filled before the empanelled list is
allowed to lapse. Thus, the claim of the Workman to the post of permanent non-messenger in the Respondent
management was subject to the availability of the sanctioned post and vacancies arising upto 31.3.1997. The
workmen given chance to the permanent post were seniors in number of working days in panel list and Workman
herein was junior to those workmen. Therefore, Workman could not be given absorption to permanent post being
junior to other workmen in the panel list.
39.
In this context the Workman witness WW1 was cross examined by the Respondent counsel and in the cross
examination the witness WW1 states:-
“I applied in response to the advertisement given by the bank as per the settlements between the bank and the
union…. Further, witness states, The panel was prepared depending upon the number of days of service put in
by the temporary employees and Some of them were given appointment on regular basis in the order of their
seniority…. Further witness states, I am not having any document to show that any person who had worked
for less no. of days than me was given appointment on regular basis in the bank.”
Thus, from the above statement of the Workman witness WW1 it is clear that the panel was prepared in
terms of various settlements entered into between Staff Federation of State Bank of India and State Bank of India
and it was prepared on the basis of number of days of work put in by the temporary employees. Further, the
2988
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Workman himself admitted that some of the temporary employees whose names were included in the panel were
given regular appointment in the bank in order of their seniority in the panel and he is not having any document to
show that any person who worked for less number of days than the Workman was given appointment in the bank.
Therefore, the allegation of the Workman that the regular appointment has been made by the bank from the panel list
in breach of the terms of the settlement and violation of seniority of panel list is not proved by this evidence of
WW1. Thus, there is no evidence on record that bank has given the appointment to the temporary employees as well
as daily wagers from the panel list 1989 and 1992 in breach of seniority of the temporary employees in the list. There
is no evidence of jumbling in the panel list to make appointment of any permanent Workman in breach of the
seniority. Therefore, I am constrained to hold that the Respondent Management has appointed the workmen from
panel list in order of seniority and there is no jumbling of workmen in the panel list before it got lapsed on
31.3.1997.
40.
However, Workman has taken the plea that the panels of Workmen for absorption in the employment of the
Respondent banks (panels of temporary employees and daily wagers) has been lapsed on 31.3.1997 in contravention
of terms of settlement as the object of preparing the entire empanelment of temporary and daily wagers was to
provide them permanent employment and till the both the panel lists exhausted the panel list cannot be lapsed on
31.3.1997 and the date of lapsing of the panel on 31.3.1997 has been fixed by the Respondent arbitrarily without any
authority.
41.
In this context, the perusal of Settlement dated 30.7.1996 reveals that the 5th Settlement dated 30.7.1996
was entered under Section 2(p) and 18(1) of I.D. Act, 1947 read with Rule 58 of Industrial Dispute (Central) Rules
1957. This settlement has been entered into by the competent parties and in this settlement parties thereto agreed
that both the panels of temporary employees and daily wagers/casual employees will lapse on 31.3.1997. Thus the
date of lapse of panel was fixed by both the parties with consensus under the settlement dated 30.7.1996 and same is
binding upon the Workman under the provision of Section 18(1) of I.D. Act, 1947. Moreover, this issue of binding
force of the settlement dated 17.11.1987, 16.7.1988, 27.10.1988 and 9.1.1991 has already been discussed, decided at
finding in Point No.I of this award. However, the legality and validity of the aforementioned settlement has not been
challenged by the Workman before any competent forum. Thus, claim of Workman that the date of lapse of panel
i.e., 31.3.1997 has been fixed arbitrarily by the Respondent bank is untenable. As regard the claim of Workman for
his absorption to the permanent post it is settled law that the Workman can not claim his regularization to permanent
post merely on the basis of number of working days.
42.
In this context the reference of the decision of Hon‘ble Supreme Court in the case of Oil and Natural Gas
Corporation vs Krishan Gopal 2020(3) SCALE 272, date of decision 7.2.2020 is relevant therein Hon‘ble
Supreme Court have has laid down principle regarding regularization of the Workman on permanent posts. Hon‘ble
Supreme Court have laid down the prepositions of regularization of the workmen to permanent post is as under:-
―(i) Wide as they are, the powers of the Labour Court and the Industrial Court cannot extend to a direction to
order regularisation, where such a direction would in the context of public employment offend the provisions
contained in Article 14 of the Constitution;
(ii) The statutory power of the Labour Court or Industrial Court to grant relief to workmen including the status
of permanency continues to exist in circumstances where the employer has indulged in an unfair labour
practice by not filling up permanent posts even though such posts are available and by continuing to employ
workmen as temporary or daily wage employees despite their performing the same work as regular workmen on
lower wages;
(iii) The power to create permanent or sanctioned posts lies outside the judicial domain and where no posts are
available, a direction to grant regularisation would be impermissible merely on the basis of the number of years
of service;
(iv) Where an employer has regularised similarly situated workmen either in a scheme or otherwise, it would be
open to workmen who have been deprived of the same benefit at par with the workmen who have been
regularised to make a complaint before the Labour or Industrial Court, since the deprivation of the benefit
would amount to a violation of Article 14; and
(v) In order to constitute an unfair labour practice under Section 2(ra) read with Item 10 of the Vth Schedule of
the ID Act, the employer should be engaging workmen as badlis, temporaries or casuals, and continuing them
for years, with the object of depriving them of the benefits payable to permanent workmen.
Thus, in view of the principles laid down by the Hon‘ble Supreme Court as discussed above, in the instant
matter the Workman utterly failed to prove his claim by adducing any documentary or oral evidence that the employer
has indulged in unfair labour practice by not filling the permanent posts even though such posts are available and by
continuing to employ workmen as temporary or daily wage employees despite their performance was the same work,
as regular workmen on lower wages.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2989
43.
Respondent has contended that all the vacancies exist and arise upto 31.3.1997 has been filled up from the
panel list in order of seniority and no vacancy exists or arises as on 31.3.1997 remained unfilled. Further, it is
contended that as per terms of settlement the life of panel lists has been lapsed on 31.3.1997, hence, there is no
occasion to extend the life of panel lists beyond 31.3.1997. However, the workman failed to prove contrary by any
evidence to the aforesaid contention of the Respondent that the vacancies were existing as on 31.3.1997 and the
workman was not given absorption to the permanent post in order of his seniority. It is settled law that the power to
create permanent or sanctioned post lies outside the judicial domain and where no posts are available, a direction to
grant regularization would be impermissible merely on the basis of the number of years of service. Therefore, the
claim of the workman on this ground also not acceptable.
44.
Further, as per the of settlement, panel was prepared for absorption of the workmen on the permanent posts
has already been lapsed on 31.3.1997 and the vacancies existing and arising upto 31.12.1994 and upto 31.3.1997 as
settlement dated 30.7.1996 has been filled up from the panel by appointing the workmen as per seniority in the panel
list. Workman witness WW1 in his cross examination has himself admitted this fact that, some of the temporary
employees whose names were included in the panel were given regular appointment in the bank in order of their
seniority in the panel. The Workman failed to show that there was any breach of terms of settlement has been
committed by the Respondent in appointment to permanent post from aforesaid panel list.
45.
As discussed in preceding paragraph of this Award, the life of the panel has not been extended beyond
31.3.1997, by any further settlement hence, the panel list in which name of the Workman was included got expired
on 31.3.1997. It is not the case of the Workman that Respondent has regularized similarly situated workmen either in
the scheme or otherwise and the Workman has been deprived of same benefit on par with those workmen or the
vacancies remained unfilled on the date of lapse of panels i.e., 31.3.1997, Industrial Tribunal has no jurisdiction to
extend the date of lapse of panel i.e., 31.3.1997. This Tribunal can not order for regularization of workmen to the
permanent post in contravention of the provision of Article 14 of the Constitution of India.
In the case of Mahboob Deepak vs. Nagar Panchayat Gajraula & Anr, Civil Appeal No.5875/2007 date of
judgement 13.12.2007, Hon‘ble Supreme Court have held:-
“8. Respondent is a Local Authority. The terms and conditions of employment of the employees are governed by
a statute and statutory rules. No appointment can be made by a Local Authority without following the
provisions of the recruitment rules. Any appointment made in violation of the said rules as also the
constitutional scheme of equality as contained in Articles 14 and 16 of the Constitution of India would be a
nullity.
9. Due to some exigency of work, although recruitment on daily wages or on an ad hoc basis was permissible,
but by reason thereof an employee cannot claim any right to be permanently absorbed in service or made
permanent in absence of any statute or statutory rules. Merely because an employee has completed 240 days of
work in a year preceding the date of retrenchment, the same would not mean that his services were liable to be
regularized.”
Therefore, in view of the law laid down by the Hon‘ble Apex Court, the claim of the Workman for
absorption merely on the basis of number of day of work in the Respondent bank Branch is not acceptable. As
regard plea of the Workman that the Workman should have been given employment even after 31.3.1997 as
temporary Workman, it is the discretion of Respondent to engage the Workman depending upon availability of work
and this Tribunal can not direct the Respondent to engage the Workman in the absent of such rule/scheme.
46.
In view of principle laid down by Hon‘ble Apex Court as discussed above, in the instant matter Workman
utterly failed to establish the fact of rendering continuous service for a period of 240 days of service within a period
of 12 calendar months commencing and coming backward from relevant date i.e., the date of retrenchment, if has he
would be denied to be in continuous service for a period of one year. Therefore, the provision contained under
Sec.25F of retrenchment is not applicable to Workman.
Counsel for Workman has relied upon number of decisions of Hon‘ble High Court and Hon'ble Supreme
Court and few of them are discussed herein:-
In the case of F.C.I., vs. Kamdhenu Cattle Feed Industries 1993 (1) SCC 71, therein Hon‘ble Supreme
Court have held:-
“7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform
to Article 14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered
discretion in public law: A public authority possesses powers only to use them for public good. This impose the
duty to act fairly and to adopt a procedure which is `fairplay in action'. Due observance of this obligation as a
part of good administration raises a reasonable or legitimate expectation in every citizen to be treated fairly in
his interaction with the State and its instrumentalities, with this element forming a necessary component of the
decision making process in all State actions. To satisfy this requirement of non- arbitrariness in a State action,
it is, therefore, necessary to consider and give due weight to the reasonable or legitimate expectations of the
2990
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
persons likely lo be affected by the decision or else that unfairness in the exercise of the power may amount to
an abuse or excess of power apart from affecting the bona fides of the decision in a given case. The decision so
made would be exposed to challenge on the ground of arbitrariness. Rule of law does not completely eliminate
discretion in the exercise of power, as it is unrealistic, but providers for control of its exercise by judicial
review.”
In the case of State Bank of India, R.O., Vijayawada vs. Industrial Tribunal, Hyderabad WP No.193/1997,
therein Hon‘ble High Court have held,
―Sri Krovvidi Narasimham, the learned counsel for the 2nd respondent contends, supporting the award that it
was a permanent vacancy and even though the 2nd respondent was appointed on temporary basis, his services
were not liable to be terminated and he was to be regularised into service on permanent basis. Shastry award
warrants that no temporary appointment can be made to a permanent post. But the matter is now covered by
two division bench judgements dated 28.11.1986 in W.A. No.791 of 1986 and 25.8.1987 in W.A. No.270 of
1982. The ratio decided in the two judgements is to the effect that there cannot be any mandate to appoint
employees on permanent basis when the requirement was for appointment on temporary basis. But it is held in
the said judgements that when a temporary appointee is ousted from service and not for misconduct and, if
again temporary appointment is to be made, then, the case of such temporary appointee who was ousted, has
got to be considered in accordance with Sec. 25-H of the Act.”
In the case of State of Haryana and others vs. Piara Singh and others. 1992 (4) SCC 118, therein Hon‘ble
Supreme Court have held:-
“ 49. If for any reason an adhoc or temporary employee is continued for a fairly long spell, the authorities
must consider his case for regularization provided he is eligible and qualified according to the rules and his
service record is satisfactory and his appointment does not run counter to the reservation policy of the state.”
In the above cited judgements by the Workman the facts of the case are different hence do not apply to
instant case of Workman.
47.
On the other hand, in support of his contention Respondent has examined witness MW1 and MW1 in chief
examination states that, Settlements i.e., on 17.11.1987, 16.7.1988, 27.10.1988, 9.1.1991 were entered into between
the SBI and SBI Staff Federation for filling up of the vacancies that arise up to 1994 for those temporary employees
who has worked on scale wages. Further, MW1 states that two different panels for messengers and non-messengers
as per the eligibility criteria prescribed by the bank. There are four modules in Andhra Pradesh and they are
Hyderabad, Tirupathi, Vijayawada and Visakhapatnam. MW1 states that the temporary employees so empanelled
were given permanent absorption depending upon the vacancies so arise strictly in terms of the settlement. MW1
states that on 9.6.1995 conciliation proceeding was held before the RLC(C), Hyderabad and in said proceedings it
was decided that the panels will be kept live up to 31.3.1997 and vacancies will be filled from both the lists
concurrently. A copy of the said minutes of proceedings is Ex.M5. Further, MW1 states that on 30.7.1996 another
settlement was entered between the SBI and All India SBI Staff Federation providing for filling up of the vacancies
arising up to December 1994 in respect of subordinate cadre and daily wage /casual wage employees out of panel so
prepared were to be considered against vacancies arising from January 1995 to December 1996, thereafter the said
panels lapse. MW1 states that it was also agreed that all the non- messenger positions in subordinate cadre including
part time attendants specially provided as leave reserve will be filled before 31.3.1997 and as regards to non-
messengerial positions it is agreed that all such posts sanctioned and fallen vacant up to 31.3.1997 shall be filled
before the empanelled list is allowed to lapse. Thus in both the cases empanelled list were lapsed on 1.4.1997.
Ex.M6 is the copy of the settlement dated 30.7.1996. Further, witness states that on 27.2.1997 a memorandum of
understanding was reached between the SBI and SBI Staff Federation providing that both the panels above mentioned
will lapse on 31.3.1997. Ex.M7 is the copy of the memorandum of understanding and Ex.M8 is the copy of the
statements giving the particulars of 1989 non-messenger panel, Ex.M9 is the copy of the statement of 1989 non-
messenger panel, Ex.M10 is the copy of statement of 1992 panel. Further, witness states that petitioner was included
in the 1989 panel. As the existing vacancies at that time were exhausted and his turn did not come he could not be
given permanent employment in the bank as per the agreements. All the appointments were made strictly in
accordance with the settlements reached from time to time between SBI and SBI staff federation and as per seniority,
number of days of temporary service put in by them in the bank in the given period. Further, MW1 states petitioner
was not sponsored by any employment exchange he did not undergo the regular process of selection required for
appointment as a regular non-messenger the petitioner has not worked for 240 days in any year in his entire temporary
service in the bank. The petitioner and other temporary employees were terminated from service by the bank.
Further, MW1 states that the vacancies were filled up on regular basis with the temporary employees from the panels
and these panels were expired in terms of the settlements so reached and there were no vacancies to absorb such
employees. Thus, witness MW1 has proved the documents Ex.M1 to Ex.M12 and also contentions made in the
counter. However, MW1 was cross examined by the Petitioner Counsel. But nothing has been elicited in his cross
examination so as to discredit the testimony of the witness MW1 as regards the date of lapse of both the panels on
31.3.1997 and reasons assigned for non-absorption of the Petitioner from the panel list to the permanent post.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2991
Moreover the witness MW1 was re-examined by the Respondent and the witness MW1 states that panels were
expired in terms of the settlement send absorptions to the extent of the available vacancies were made. There was no
termination of any temporary messenger as such but their services were not utilized after the cut off date as the
available vacancies were already filled up and most of these Petitioners were not in the service of the bank as on the
date of the expiry date of the panels. Therefore, in view of the aforesaid testimony of the MW1 in re-examination in
the absence of cross examination remained uncontraverted, the claim of the Workman that he was entitled for
absorption in permanent post in the branch of Respondent Management on the basis of panel list is found not
established.
This point is answered against the Workman.
48.
Point No.IV:- In view of the discussion and finding given at Point Nos. I, II and III, the Workman is not
entitled for any relief and claim statement of Workman sans merit and liable to be dismissed.
This Point is answered accordingly.
ORDER
In view of the fore gone discussion, it is held that the action of the Respondent bank in terminating the
services of Sri K.Vanurappa, Ex. Messenger by way of oral orders w.e.f. 31.3.1997 is justified. Hence, the
Petitioner is not entitled for any relief as prayed for. The claim statement filed by Workman sans merit, hence,
dismissed. Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Shri Vinay Panghal, LDC transcribed by him, corrected and signed by me on this
the 24th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
WW1: Sri K. Vanurappa
MW1: Sri K. Bala Kotaiah
Documents marked for the Petitioner
Ex.W1:
Photocopy of Service certificate
Ex.W2:
Photocopy of interview letter
Ex. W3:
Photocopy of Service certificate
Ex. W4:
Photocopy of Service certificate
Documents marked for the Respondent
Ex.M1:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.17.11.87
Ex.M2:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.16.7.88
Ex.M3:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.27.10.1988
Ex.M4:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.9.1.1991
Ex.M5:
Photocopy of conciliation proceedings before the Regional Labour Commissioner(C) dt.9.6.1995
Ex.M6:
Photocopy of settlement between Respondent and All India State Bank of India Staff Federation
dt.30.7.1996
Ex.M7:
Photocopy of Memorandum of understanding dt. 27.1.1997
Ex.M8:
Photocopy of statements giving the particulars of 1989 messenger panel.
Ex.M9:
Photocopy of statement of 1989 Non-messenger panel
Ex.M10:
Photocopy of statement of 1992 panel
Ex.M11:
Photocopy of order of Hon‘ble High Court in WA No.86/98 dt. 1.5.98
Ex.M12:
Photocopy of order in SLP No.11886-11888 of 1998 dated 10.8.98
2992
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
नई ददल्ली, 6 अप्रैल, 2026
का.आ. 591.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a132/2002) izdkf”kr djrh gSA
[सं. ,y - 12012/170/2000- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 591.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.132/2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/170/2000- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 25th day of February, 2026
INDUSTRIAL DISPUTE No. 132/2002
[old ID No.114/2000 of Industrial Tribunal No.I, Hyderabad]
Between:
Sri D. Arjuna Rao,
Babuji Nagar,
1st Ward, D.No.1-555-3,
Gudivada.
Krishna Dist.-521301.
… Petitioner
And
The Asst. General Manager,
State Bank of India,
Zonal Office, Region II,
Vijayawada -520 001.
…Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2993
AWARD
Matter placed today before Tribunal for order. perused the record. This industrial dispute was received
from Government of India, Ministry of Labour by its order No. L-12012/170/2000-IR(B.I) dated 19.9.2000 which
has been referred under section 10(1)(d) of the I.D. Act, 1947 for adjudication, to Industrial Tribunal No.I, Hyderabad
for adjudication and later the same has been transferred to this Tribunal bearing ID No. 114/2000, as per orders of
Central Government vide Lr.No.H-11026/1/2001-IR(C.II) dated 18.10.2001, requiring this forum to decide the
question:
SCHEDULE
―Whether the action of the management of State Bank of India, Vijayawada Zone in dismissing the services
of Sri D. Arjuna Rao, Ex-Messenger, is justified? If not, what relief the workman is entitled?‖
After receipt of the reference, it was numbered as ID No. 132/2002 and notices were issued to both the
Workman and the management.
2.
The perusal of the claim statement filed by the Petitioner as well as the counter of the Respondent goes to
reveal that this matter pertains to the termination of the Petitioner from service by the Respondent. The Appropriate
government has not referred any industrial dispute to this Tribunal for adjudication in respect of termination of
Petitioner.
Section 10 (4) provides:-
―10(4):-Where in an order referring an industrial dispute to [a Labour Court, Tribunal or National
Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points of
dispute for adjudication, [the Labour Court or the Tribunal or the National Tribunal, as the case may
be,] shall confine its adjudication to those points and matters incidental thereto.”
Thus, in view of the above provision the Industrial Tribunal cannot decide a dispute not explicitly referred to
it by the appropriate Government as it‘s jurisdiction under Section 10 (4) of ID Act, 1947 is confined to the specific
point of dispute mentioned in the reference order and matter incidental there to. If the reference is for dismissal but
the matter pertains to the termination, the Tribunal must strictly stick to the referred terms.
3.
Therefore, in view of the provision contained under Section 10(4) of the I.D.Act, 1947, there is no reference
of the industrial dispute regarding termination of the Petitioner for adjudication before this Tribunal. The reference of
dispute herein pertain to the dismissal of the Petitioner from service. Therefore, this Tribunal cannot adjudicate the
dispute in the absence of reference of termination by retrenchment of Petitioner.
4.
Even otherwise, Petitioner workman has failed to substantiate his claim of 240 days of continuous service
in a calendar year just preceding from the date of his termination by any evidence in terms of mandate of Sec.25F of
I.D.Act, 1947. Therefore, the claim of the Petitioner that he has been terminated illegally is not tenable and he is
not entitled to any relief as claimed in the claim statement. Thus, Reference is answered accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 25th day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
2994
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
नई ददल्ली, 6 अप्रैल, 2026
का.आ. 592.—औद्योनगक नििाद अनधननयम (1947 का 14) की धारा 17 के अनुसरण में, केन्द्रीय सरकार
के प्रबंधतंत्र के संबद्ध ननयोजकों और के
बीच अनुबंध में ननर्ददष्ट केन्द्रीय सरकार औद्योनगक अनधकरण एिं श्रम न्द्यायालय, , पंचाट (ररफरेन्द्स
न.- 21/2023) को जैसा दक अनुलग्नक में ददखाया गया है, प्रकानशत करती है जो केन्द्रीय सरकार को सॉफ्ट कॉपी के साथ
06.04.2026 को प्राप्त हुआ था l
[सं. ए -17011/10/2022-आईआर(ए )]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 592.—In pursuance of Section 17 of the Industrial Dispute Act, 1947 (14 of 1947), the Central
Government hereby publishes the award (Reference No. 21/2023) of the Central Government Industrial Tribunal
cum Labour Court, Jabalpur as shown in the Annexure, in the Industrial dispute between the employers in relation
to M/s Bhartiya Jeevan Bima Nigam and Bhartiya Jeevan Bima Nigam Karmachari Sangh which was received
along with soft copy of the award by the Central Government on 06.04.2026.
[No. L-17011/10/2022-IR(M)]
SALONI, Dy. Director
ANNEXURE
THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, JABALPUR
NO. CGIT/LC/R/21/2023
Present: P. K. Srivastava, H.J.S..( Retd)
The General Secretary
Life Insurance Corporation of India
Karmachari Sangh, 597/8, Nehru Nagar,
M.I.G. Than Main Road, Indore (M.P.) – 452001
…Workman
Versus
The General Manager
M/s. Bhartiya Jeevan Bima Nigam
/Life Insurance Corporation of India
Central Regional Office B, Hoshangabad Road
Bhopal (M.P.) – 461001
…Management
AWARD
(Passed on this 12th day of November - 2025.)
As per letter dated 14/02/2023 by the Under Secretary, Government of India, Ministry of Labour, New
Delhi, the reference is made to this Tribunal under section-10 of Industrial Disputes Act, 1947 as per reference
number L-17011/10/2022 (IR(M) dt. 14/02/2023. The dispute under reference related to :-
After registering a case on the basis of the reference, notices were sent to the parties and served. Mr. Arun
Patel learned Counsel filed his Vakalatnama for Union and Mr. Pranay Choubey learned Counsel filed his
Vakalatnama on behalf of Management. The workman union side never appeared. They did not file even any
statement of claim. None of the parties filed any pleadings or evidence.
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2995
Since, the initial burden to prove its case is on the workman union side in which he fails. Hence,
holding the claim of the workman union not proved, the reference stands answered against them.
DATE: 12/11/2025
P. K. SRIVASTAVA, Presiding Officer
नई ददल्ली, 6 अप्रैल, 2026
का.आ. 593.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a66/2002) izdkf”kr djrh gSA
[सं. ,y - 12012/158/2000- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 593.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.66/2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/158/2000- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 23rd day of February, 2026
INDUSTRIAL DISPUTE No. 66/2002
[old ID No.111/2000 of Industrial Tribunal No.I, Hyderabad]
Between:
Sri P. Subramanyeswara Rao,
S/o P. Mastan Rao,
D.No.15/85/3, Nr. NTR Stadium,
Gudivada -521301. Krishna Distt.
… Petitioner
2996
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
And
The Asst. General Manager,
State Bank of India,
Zonal Office, Region II,
Vijayawada -520 001.
..Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent :
Sri Y. Ranjeeth Reddy, Advocate
AWARD
Matter placed today before Tribunal for order. perused the record. This industrial dispute was received
from Government of India, Ministry of Labour by its order No. L-12012/158/2000-IR(B.I) dated 31.8.2000 which
has been referred under section 10(1)(d) of the I.D. Act, 1947 for adjudication, to Industrial Tribunal No.I, Hyderabad
for adjudication and later the same has been transferred to this Tribunal bearing ID No. 111/2000, as per orders of
Central Government vide Lr.No.H-11026/1/2001-IR(C.II) dated 18.10.2001, requiring this forum to decide the
question:
SCHEDULE
―Whether the action of the management of State Bank of India, Tirupathi Zone in dismissing the services of
Sri P. Subramanyeswara Rao, Ex-Messenger, w.e.f. 31.3.1997 is justified? If not, what relief the workman
is entitled?‖
After receipt of the reference, it was numbered as ID No. 66/2002 and notices were issued to both the
Workman and the management.
2.
The perusal of the claim statement filed by the Petitioner as well as the counter of the Respondent goes to
reveal that this matter pertains to the termination of the Petitioner from service by the Respondent. The Appropriate
government has not referred any industrial dispute to this Tribunal for adjudication in respect of termination of
Petitioner.
Section 10 (4) provides:-
―10(4):-Where in an order referring an industrial dispute to [a Labour Court, Tribunal or National
Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points of
dispute for adjudication, [the Labour Court or the Tribunal or the National Tribunal, as the case may
be,] shall confine its adjudication to those points and matters incidental thereto.”
Thus, in view of the above provision the Industrial Tribunal cannot decide a dispute not explicitly referred to
it by the appropriate Government as it‘s jurisdiction under Section 10 (4) of ID Act, 1947 is confined to the specific
point of dispute mentioned in the reference order and matter incidental there to. If the reference is for dismissal but
the matter pertains to the termination, the Tribunal must strictly stick to the referred terms.
3.
Therefore, in view of the provision contained under Section 10(4) of the I.D.Act, 1947, there is no reference
of the industrial dispute regarding termination of the Petitioner for adjudication before this Tribunal. The reference of
dispute herein pertain to the dismissal of the Petitioner from service. Therefore, this Tribunal cannot adjudicate the
dispute in the absence of reference of termination by retrenchment of Petitioner. Thus, Reference is answered
accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 23rd day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2997
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
नई ददल्ली, 6 अप्रैल, 2026
का.आ. 594.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a65/2002) izdkf”kr djrh gSA
[सं. ,y - 12012/157/2000- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 594.— In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 65/2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/157/2000- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 23rd day of February, 2026
INDUSTRIAL DISPUTE No. 65/2002
[old ID No.110/2000 of Industrial Tribunal No.I, Hyderabad]
Between:
Sri Deena Raju,
S/o Gabriel,
Valivarthipadu (P.O.& V)
… Petitioner
And
The Asst. General Manager,
State Bank of India,
Zonal Office, Region II,
Labbipet,
Vijayawada -520 001.
…Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent:
Sri Y. Ranjeeth Reddy, Advocate
2998
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
AWARD
Matter placed today before Tribunal for order. perused the record. This industrial dispute was received
from Government of India, Ministry of Labour by its order No. L-12012/157/2000-IR(B.I) dated 31.8.2000 which
has been referred under section 10(1)(d) of the I.D. Act, 1947 for adjudication, to Industrial Tribunal No.I, Hyderabad
for adjudication and later the same has been transferred to this Tribunal bearing ID No. 110/2000, as per orders of
Central Government vide Lr.No.H-11026/1/2001-IR(C.II) dated 18.10.2001, requiring this forum to decide the
question:
SCHEDULE
―Whether the action of the management of State Bank of India, Vijayawada Zone in dismissing the services
of Sri Y. Deena Raju, Ex-Messenger, w.e.f. 31.3.97 is justified? If not, what relief the workman is
entitled?‖
After receipt of the reference, it was numbered as ID No. 65/2002 and notices were issued to both the
Workman and the management.
2.
The perusal of the claim statement filed by the Petitioner as well as the counter of the Respondent goes to
reveal that this matter pertains to the termination of the Petitioner from service by the Respondent. The Appropriate
government has not referred any industrial dispute to this Tribunal for adjudication in respect of termination of
Petitioner.
Section 10 (4) provides:-
―10(4):-Where in an order referring an industrial dispute to [a Labour Court, Tribunal or National
Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points of
dispute for adjudication, [the Labour Court or the Tribunal or the National Tribunal, as the case may
be,] shall confine its adjudication to those points and matters incidental thereto.”
Thus, in view of the above provision the Industrial Tribunal cannot decide a dispute not explicitly referred to
it by the appropriate Government as it‘s jurisdiction under Section 10 (4) of ID Act, 1947 is confined to the specific
point of dispute mentioned in the reference order and matter incidental there to. If the reference is for dismissal but
the matter pertains to the termination, the Tribunal must strictly stick to the referred terms.
3.
Therefore, in view of the provision contained under Section 10(4) of the I.D.Act, 1947, there is no reference
of the industrial dispute regarding termination of the Petitioner for adjudication before this Tribunal. The reference of
dispute herein pertain to the dismissal of the Petitioner from service. Therefore, this Tribunal cannot adjudicate the
dispute in the absence of reference of termination by retrenchment of Petitioner. Thus, Reference is answered
accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 23rd day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
2999
नई ददल्ली, 6 अप्रैल, 2026
का.आ. 595.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh; ljdkj
ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a64/2002) izdkf”kr djrh gSA
[सं. ,y - 12012/156/2000- vkbZ vkj (ch-I)]
, उप ननदेशक
New Delhi, the 6th April, 2026
S.O. 595.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref. 64/2002) of the Cent.Govt.Indus.Tribunal-cum-Labour Court
Hyderabad as shown in the Annexure, in the industrial dispute between the management of State Bank of India and
their workmen.
[No. L-12012/156/2000- IR(B-I)]
SALONI, Dy. Director
ANNEXURE
IN THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT AT
HYDERABAD
Present: Sri IRFAN QAMAR, Presiding Officer
Dated the 23rd day of February, 2026
INDUSTRIAL DISPUTE No. 64/2002
[old ID No.109/2000 of Industrial Tribunal No.I, Hyderabad]
Between:
Sri M. Mallikarjuna Rao,
S/o M. Dasu,
Satyanaryanapuram,
Gudivada -301. Krishna Distt.
… Petitioner
And
The Asst. General Manager,
State Bank of India,
Zonal Office, Region II,
Vijayawada -520 001.
…Respondent
Appearances:
For the Petitioner :
Sri Macherla Rangaiah, Advocate
For the Respondent :
Sri Y. Ranjeeth Reddy, Advocate
AWARD
Matter placed today before Tribunal for order. perused the record. This industrial dispute was received
from Government of India, Ministry of Labour by its order No. L-12012/156/2000-IR(B.I) dated 31.8.2000 which
has been referred under section 10(1)(d) of the I.D. Act, 1947 for adjudication, to Industrial Tribunal No.I, Hyderabad
for adjudication and later the same has been transferred to this Tribunal bearing ID No. 109/2000, as per orders of
3000
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Central Government vide Lr.No.H-11026/1/2001-IR(C.II) dated 18.10.2001, requiring this forum to decide the
question:
SCHEDULE
―Whether the action of the management of State Bank of India, Vijayawada Zone in dismissing the services
of Sri M. Mallikarjuna Rao, Ex-Messenger, w.e.f. 31.3.1997 is justified? If not, what relief the workman is
entitled?‖
After receipt of the reference, it was numbered as ID No. 64/2002 and notices were issued to both the
Workman and the management.
2.
The perusal of the claim statement filed by the Petitioner as well as the counter of the Respondent goes to
reveal that this matter pertains to the termination of the Petitioner from service by the Respondent. The Appropriate
government has not referred any industrial dispute to this Tribunal for adjudication in respect of termination of
Petitioner.
Section 10 (4) provides:-
―10(4):-Where in an order referring an industrial dispute to [a Labour Court, Tribunal or National
Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points of
dispute for adjudication, [the Labour Court or the Tribunal or the National Tribunal, as the case may
be,] shall confine its adjudication to those points and matters incidental thereto.”
Thus, in view of the above provision the Industrial Tribunal cannot decide a dispute not explicitly referred to
it by the appropriate Government as it‘s jurisdiction under Section 10 (4) of ID Act, 1947 is confined to the specific
point of dispute mentioned in the reference order and matter incidental there to. If the reference is for dismissal but
the matter pertains to the termination, the Tribunal must strictly stick to the referred terms.
3.
Therefore, in view of the provision contained under Section 10(4) of the I.D.Act, 1947, there is no reference
of the industrial dispute regarding termination of the Petitioner for adjudication before this Tribunal. The reference of
dispute herein pertain to the dismissal of the Petitioner from service. Therefore, this Tribunal cannot adjudicate the
dispute in the absence of reference of termination by retrenchment of Petitioner. Thus, Reference is answered
accordingly.
Award is passed accordingly. Transmit.
Typed to my dictation by Smt. K. Phani Gowri, Personal Assistant, transcribed by her, corrected and signed
by me on this the 23rd day of February, 2026.
IRFAN QAMAR, Presiding Officer
Appendix of evidence
Witnesses examined for the
Witnesses examined for the
Petitioner
Respondent
NIL
NIL
Documents marked for the Petitioner
NIL
Documents marked for the Respondent
NIL
[भाग II—खण् ड 3(ii)]
भारत का राजपत्र : अप्रैल 11, 2026/चैत्र 21, 1948
3001
नई ददल्ली, 7 अप्रैल, 2026
का.आ. 596.— fookn vf/kfu;e 1947 (a1947 dk 14 ) dh /kkjk 17 ds vuqlj.k esa dsUnzh;
ljdkj bafM;u ds izca/kr=] lac) fu;kstdks vkSj muds deZdkjks ds chp vuqca/k esa fufnZ’V fookn esa dsUnzh;
ljdkj vf/kdj.k@Je U;k;ky;
ds iapkV (a07/2019) izdkf”kr djrh gSA
[सं. ,y - 39025/01/2026- vkbZ vkj (ch-II)-31]
, उप ननदेशक
New Delhi, the 7th April, 2026
S.O. 596.—In pursuance of Section 17 of the Industrial Disputes Act, 1947 (14 of 1947), the Central
Government hereby publishes the Award (Ref.07/2019) of the Cent.Govt.Indus.Tribunal-cum-Labour Court No.
1,Dhanbad as shown in the Annexure, in the industrial dispute between the management of Indian Bank their
workmen.
[No. L-39025/01/2026- IR(B-II)-31]
SALONI, Dy. Director
ANNEXURE
BEFORE THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL NO.1, DHANBAD
ID Case No. 07/2019
Jitendra Jha
S/o Late Harish Chandra Jha
Vill & PO- Garha
PS-Runi Saidpur
Dist-Sitamarhi
Bihar- 843323
…Applicant
Vs.
1. The Circle Head
Indian Bank
Govind Bhawan
Near Dak Bunglow Road
PO-G.P.O.
Patna-800001
2. The Manager
Indian Bank
Sharda Complex
3002
THE GAZETTE OF INDIA : APRIL 11, 2026/CHAITRA 21, 1948
[PART II—SEC. 3(ii)]
Hajipur
Dist.- Vaishali
Bihar-844101
…Opp. Parties
Present: Shri Sachindra Kumar Pandey, Presiding Officer
Appearances:
For Applicant :- None.
For Opp. Party :- None.
State : Jharkhand.
Industry:- Bank
Dated 05/02/2026
AWARD
2. This case is taken through Special Campaign organized by Ministry of Labour & Employment,
Govt. of India for disposal of pending cases.
3. This case has been filed under section 2A of the I.D Act, 1947 by the applicant/workman
namely Jitendra Jha on 03.07.2019.
4. After receipt of this ID case on 03.07.2019 regd. notice was issued to Opp. Party and both
parties appeared previously after that both the parties failed to appear before this Tribunal.
Thereafter on 23.12.2025 Sri B. Prasad, Representative on behalf of the applicant appeared and
submitted that workman concerned is not interested to contest the case so case may be closed.
5. On perusal of the entire case record it transpires that the workman has lost his interest in this
case and therefore, for the ends of justice, this case deserves to be dismissed.
6. Hence,
ORDERED
that this case is hereby dismissed and a ―No Dispute Award‖ be drawn up in respect of the above
ID case. Let the copies of Award in duplicate be sent to the Ministry of Labour & Employment,
Government of India, New Delhi for information and notification.
SACHINDRA KUMAR PANDEY, Presiding Officer
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
SARVESH KUMAR
SRIVASTAVA
Digitally signed by SARVESH KUMAR
SRIVASTAVA
Date: 2026.04.25 15:47:53 +05'30'