HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.22897 of 2010 (O&M) Date of Decision: 01.08.2011 **** Bank Employee Federation of India . . . . Petitioner VS. Presiding Officer, Labour Court-I, Chd. & Anr. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. OP Batra, Advocate for the petitioner ***** SURYA KANT, J. (ORAL) (1). The petitioner-Federation is aggrieved by the Award dated 19.01.2009 (Annexure P2) passed by the Central Government Industrial Tribunal-cum-Labour Court-I, Chandigarh (in short, ‘the Tribunal’) as well as the order dated 20.10.2010 (Annexure P4) whereby the review application filed by the petitioner-Federation has also been dismissed. (2). The petitioner-Federation raised an industrial dispute as to whether or not the demand raised by it regarding non- creation of ‘allowance carrying posts’ mentioned in paras 5.282 & 5.326 of the Desai Award and non-payment of allowances thereof, amounts to violation of the said Award by the Management of the Indian Bank? The CWP No.22897 of 2010.doc - 2 – Government of India referred the dispute to the Industrial Tribunal for adjudication. (3). In sum and substance the petitioner-Federation’s claim was that by refusing the implementation of paras 5.282 & 5.326 of the Desai Award, the Management of the Bank has committed the offence(s) within the meaning of Section 29 read with Section 32 of the Industrial Disputes Act, 1947 (in short, ‘the Act’). The Tribunal has answered the afore-stated question against the petitioner- Federation vide the impugned Award. The review application has also been dismissed. (4). The Tribunal has held and rightly so that the Desai Award or its non-implementation does not fall within the ambit of Section 29 of the Act as the said provision refers to settlement or award “which is binding……… under this Act.” Suffice it to mention that the Desai Award is not passed under the Act. No exception can thus be taken to the view formed by the Tribunal. (5). Dismissed. (6). However, the aforesaid order shall not preclude the petitioner to approach the appropriate forum for implementation of the recommendations, if any, under the Desai Award. CWP No.22897 of 2010.doc - 3 – 01.08.2011 vishal shonkar (SURYA KANT) Judge