UCO Bank vs Nathu (alias) Bandu Upasrao Wasnik and Others

A.M. Khanwilkar, J.—This writ petition, under Arts. 226 and 227 of the Constitution of India, is directed against the award passed by the Industrial Tribunal, dated April 25, 1990.

The following question was referred to the Tribunal u/s 10 of the Industrial Disputes Act:

"Whether the action of the management of United Commercial Bank, Nagpur is justified in terminating the services of Sri Nathu Upasrao Wasnik with effect from April 4, 1987 ? If not, to what relief the workman concerned is entitled?"

The Tribunal, after examining the evidence, has held that the respondent No. 1 had admittedly worked for more than 240 days during the calender year immediately preceding the date of retrenchment. In the circumstances, the Tribunal negatived the contention raised on behalf of the petitioner bank that it was not a case of retrenchment because the termination of services was within the exception provided under Clause (bb) to Section 2(oo) of the Industrial Disputes Act.

In my view, there is no infirmity in the approach adopted by the Tribunal which would require interference in writ jurisdiction. In the circumstances, the findings recorded by the Tribunal are affirmed and consequently this writ petition should fail and is, therefore, dismissed with costs. Rule stands discharged.