State Bank of India vs Gomantak Mazdoor Sangh

S.A. Bobde, J.—Rule, returnable forthwith. Heard by consent.

The Central Government Industrial Tribunal has passed the following Order:

The action of the Management of the Bank in terminating the services of the workmen cannot be said to be illegal or unjustified.. Hence, the reference is to be dismissed accordingly. But the workmen under reference should be employed as daily wagers till the final recruitment in accordance with law by the Bank. The-workmen are not entitled for back wages

2-A. Mr. Pangam, the learned Counsel for the petitioner states that such part of the award which directs that the workmen under reference should be employed as daily wagers, is not in accordance with law and completely outside the scope of reference, which reads as follows:

Whether the action of the Management of State Bank of India, Zonal Office, Panaji, Goa in terminating the service of 7 Security Guards as per list attached with effect from January 15, 2002 is legal and justified? If not, what relief the workmen are entitled to?

It is clear that the terms of reference framed by the Government of India did not refer any dispute or question pertaining to the reemployment of the respondents/workmen with the Bank, but only referred the question of validity of the action of terminating their services. Hence, that part of the award, which reads as follows:

But the workmen under reference should be ; employed as daily wagers till the final recruitment in accordance with law by the Bank.

There is no challenge as yet to the Award by the respondents/workmen. They shall indeed be at liberty to take such steps as may be advised in respect of the findings in the award.