CHIEF MANAGER (PERSONNEL) STATE BANK OF INDIA, ZONAL OFFICE, CHENNAI Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, CHENNAI
LAWS(MAD)-2018-7-299
HIGH COURT OF MADRAS
Decided on July 10,2018

Chief Manager (Personnel) State Bank Of India, Zonal Office, Chennai Appellant
VERSUS
CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT, CHENNAI Respondents




JUDGEMENT

M Dhandapani, J. - (1.)The petitioner has filed this writ petition seeking issuance of Certiorari to call for the records from the first respondent relating to the I.D.No.377 of 2004 and the Award dated 17.03.2006 on the file of the Central Government Industrial Tribunal cum Labour Court, the first respondent and to quash the Award dated 17.03.2006 made in I.D.No.377 of 2004.
(2.)The case of the petitioner is that the petitioner is a Statutory Banking Corporation constituted under State Bank of India Act 53 of 1955 and it is carrying on the business of Banking in the interest of public. The petitioner engaged the services of the second respondent against the leave vacancies for doing casual work during the years 1982 and 1985 and during the year 1996, the second respondent was engaged for 213 days. Hence, the second respondent cannot make a claim that he should be given permanent appointment. The second respondent's service was terminated during the year 1997. Aggrieved by the same, the second respondent approached the first respondent Tribunal and the first respondent passed an award directing the petitioner to reinstate the second respondent into service as messenger and also directed the petitioner to pay half of the backwages with continuity of service and all other attendant benefits. Challenging the said award, the petitioner has come forward with this petition.
(3.)The learned counsel appearing for the petitioner would submit that the second respondent has not rendered 240 days of continuous service within a period of 12 calender months.


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