In this writ petition, an employee challenged an Industrial Tribunal award denying back-wages. The Court held that since the employee was employed in the interim, back-wages do not arise. However, continuity of service for terminal benefits is maintained.
Writ petition dismissed; no back-wages granted; continuity of service for terminal benefits allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2018
CORAM:
THE HON'BLE Dr. JUSTICE S.VIMALA
Writ Petition No.4143 of 2016
N.Amala ... Petitioner
..vs..
1. The Presiding Officer,
Central Government Industrial Tribunal,
Shasthri Bhavan, Chennai
2. The Branch Manager,
Corporation Bank, Ground Floor,
Midland Insurance Buildings,
No.556 Anna Salai (Opp. to AG's Office),
Teynampet, Chennai 600 018
3. The Deputy General Manager,
Corporation Bank, Zona Office- Chennai,
Nos.38 & 39 Whites Road,
P.B.No.2227, Chennai 600 014
4. The General Manager, Corporation Bank,
Head office: Pandeshwar,
Mangalore 575 001 ... Respondents
Prayer:- Writ Petition filed under Article 226 of the
Constitution of India praying for the issuance of a Writ of
Certiorarified Mandamus to call for the records pertaining to
I.D.No.6 of 2011 on the file of the first respondent dated
28.11.2013 and to quash the part of the award, so far as the
denial of back-wages and other benefits and consequently, to
direct the second respondent to absorb her for the post of
regular Sweeper with continuity of service with full back-wages
and all other attendant benefits from 28.02.2006.
For Petitioner : Mr. R.Jaikumar For Respondents : Mr. S.Sethuraman, for R-2 to R-4.
O R D E R
Whether over-qualification is a qualification is the issue canvassed in this writ petition.
2.1. This award is under challenge by the petitioner in so far as the award declined the relief of backwages and other benefits. In addition to that, the writ petitioner seeks the relief of absorption as a regular sweeper with continuity of service, full back-wages and all other attendant benefits from 28.02.2006.
The petitioner was engaged as a Casual Sweeper cum Office Assistant, in the newly opened branch of the Bank (Management) at Teynampet on 15.12.2004. She had been working continuously without any termination or retrenchment.
3.1. The case of the petitioner is that she has completed the services of 480 days in the Bank and therefore, she has attained the permanent status and therefore, her services should not have been dispensed with.
one Pushpalatha was selected and appointed with effect from 12.03.2006.
5.1. Over-qualification can never be a disqualification, though under-qualification is always so.
6.1. However, the issue relating to reinstatement is not at all challenged by the Management and therefore, the order of reinstatement as ordered by the Labour Court has to be confirmed.
Sd/-
Assistant Registrar(CS-IX)
//True Copy//
Sub Assistant Registrar
srk
To
+1cc to Mr. T.Fenwalter Associates, Advocate, S.R.No. 74037
+1cc to Mr. S.Sethuraman, Advocate, S.R.No. 74565
W.P.No.4143 of 2016
VSNII(CO)
GN(27/11/2018)
3 issues framed by the court
Whether a petitioner entitled to back-wages who was subsequently employed by the management in the interim period.
Whether over-qualification can be treated as a disqualification for regularization under a bank circular.
Whether continuation of service should be maintained for calculation of terminal benefits despite lack of back-wages.
N.Amala
The Presiding Officer, Central Government Industrial Tribunal
The Branch Manager, Corporation Bank
The Deputy General Manager, Corporation Bank
The General Manager, Corporation Bank
Dr. Justice S.Vimala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
