Letters Patent Appeal No.1283 OF 2002 - - - - - Against the judgment and order dated30th October 2002 passed in C.W.J.C. No. 817 of 2001. - - --- - ZONAL MANAGER,CENTRAL BANK OF------------Appellant. Versus THE UNION OF INDIA & ORS-----------------------Respondents. For the Appellant : M/s Umesh Prasad Singh, Rajiv Ranjan Prasad Amod Kumar Advs. For the Respondents : M/s Purushottam Kumar Jha Chakrapani, Dipak Kumar, Advs. P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH THE HON'BLE MR. JUSTICE CHANDRA MOHAN PRASAD Barin Ghosh & C.M.Prasad,JJ An industrial dispute to the effect whether the action of the management of the Central Bank of India in terminating the services of Sri Dinesh Tiwary is legal and justified, and if not, to what relief the said workman is entitled, was referred to the Industrial Tribunal, Patna under Section 10(1)(d) of the Industrial Disputes Act 1947. It was the case of the Bank before the Tribunal that the workman used to supply water to the Bank and payments that were made to him were price of water supplied by him. It was also stated that on a number of days, when the regular peon of the Branch was on leave or was absent for any other - 2 - reason, the employee concerned was engaged to do his work, but the number of days on which the employee concerned was engaged to work as peon did not complete 240 days in any calendar year during the period 1st January 1988 to 31st December 1992. In evidence, a register maintained by the bank for engagement of the employee concerned, for the period 2nd January 1989 to 30th December 1989 was produced, wherefrom it transpired that the employee concerned was engaged during that year for a total period of 243 days and was paid remuneration @ Rs.3/- per day’s engagement. The witness on behalf of the Bank stated that for bringing water, the workman concerned was paid Rs.3/- or Rs.5/- per day, but when he was engaged as casual worker certain other payments were made. It was stated that the workman concerned was not in the master roll. At the same time, it was stated that the workman concerned was not engaged as casual worker for 240 days or more in any calendar year. As against this, a letter of the Bank dated 14th January 1991 was tendered in evidence. This letter was written by the Branch, in which the workman concerned was engaged, to the Regional Office of the Bank. - 3 - In that letter it was stated that the workman concerned has performed as casual worker the duty of sub-staff also, but wages paid to him were for storing drinking water. Principally relying upon these and other documents, the Tribunal came to the finding that in the years 1989-90 to 1991-92 the workman concerned worked for 240 days in every year and since his termination was without following the provisions of section 25F of the Act, the same was invalid. While, however, answering the dispute in the manner as above, the Tribunal directed reinstatement of the workman concerned in a post to which he was not entitled to i.e. in a permanent post of sub-staff, since there was no evidence that the employee concerned was, in fact, appointed as a sub-staff of the Bank, despite there being policy of the Bank to regularize casual employees. The challenge thrown to the award before the writ court was rejected by the judgment and order under appeal. The Bank is, accordingly, before us in the appeal. The judgment and order under appeal is dated 30th October 2002. On 20th September 2003, the appellant accepted the award and discharged its obligations in terms - 4 - of the award as is evidenced from the copy of the letter of the appellant dated 20th September 2003, which is kept with the record. Subsequent thereto, the present appeal was filed on 9th/13th December 2003. Under the circumstances, it would not be appropriate on our part in this appeal to go into the question whether the direction to restore the workman in the permanent post of sub-staff was appropriate or not. The appeal fails and is accordingly, dismissed. Patna High Court, Dated 8th Sept.2008 N.A.F.R. Jay/ (Barin Ghosh,J) (C.M.Prasad,J)