Dismissed

Bakar Ali v. The Chairman, Champaran Keshtriya Gramin Bank and Ors.

Patna HC14 Jul 2015CWJC/3748/2014

Case brief

AI extract

What is this about?

Petitioner challenged an award by the Central Government Industrial Tribunal rejecting his claim for regular service status. The High Court upheld the award, finding no defect, noting management claimed he was a daily wagger who engaged in misconduct and left the workplace.

What did the court decide?

Writ petition dismissing the petitioner's claim to quash the impugned award of the Tribunal.

Bakar Ali Vs The Chairman, Champaran Keshtriya Gramin… — Service and Employment | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.3748 of 2014

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======================================================

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Bakar Ali Son Of Late Nek Mohammad Miyan Resident Of Belahiya, P.O.- Raghunathpur, District- East Champaran

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.... .... Petitioner/s Versus 1. The Chairman, Champaran Keshtriya Gramin Bank, Head Office, Motihari, P.O.- Motihari, P.S.- Town, District- East Champaran Now Known As Uttar Bihar Gramin Bank, H.O. Kalambag Chowk, Muzaffarpur 2. The Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad 3. The Regional Labour Commissioner (Central), Room No. 16, 17 And 19 Second Floor, A Block, Mourya Lok Commercial Complex, Patna

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Kant Shukla For the Respondent/s : Mr. Prabhakar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

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2 14-07-2015 Heard Sri Uma Kant Shukla, learned counsel for the petitioner and Sri Prabhakar Jha, learned counsel, who appears on behalf of the respondent no. 1.

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The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution of India, has prayed for quashing of an order dated 11.12.2012 passed by the Presiding Officer, Central Government Industrial Tribunal No. –1, Dhanbad (hereinafter referred to as the ‘Tibunal’), in Reference Case No. 81 of 1991, which was referred under Section 10(1)(d)(2A) of the Industrial Dispute Act, 1947. By the said Award, Reference was rejected.

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Patna High Court CWJC No.3748 of 2014 (2) dt.14-07-2015

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2/2

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Learned counsel for the petitioner submits that petitioner was a messenger in the Bank, however, abruptly, he was stopped from functioning, and as such, he raised the dispute which has been turned down by the Tribunal. From the order impugned it appears that on behalf of the petitioner it was indicated that on oral order he was engaged, however, stand was taken by the Management that the petitioner was a Daily Wager. Besides this, there is material to suggest that petitioner while functioning as Daily Wager was indulged in misconduct, and thereafter, he himself left the work place. After examining the Award, the court is of the opinion that there is no defect in the same.

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The writ petition stands dismissed.

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(Rakesh Kumar, J)

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Praful/-

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Bakar Ali v. The Chairman, Champaran Keshtriya Gramin Bank and Ors.

Case brief

What is this about?

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Bakar Ali v. The Chairman, Champaran Keshtriya Gramin Bank and Ors.

Case brief

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What the court decided

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