Punjab National Bank Vs. PNB Canteen Workers Union (Calcutta) & Ors.
[Civil Appeal No. 5112/2017]
KURIAN J.
1. In this hotly contested appeal, the surviving issue is solely with regard to the claims made by the 29 canteen workers whether they are represented through the union or otherwise, for absorption.
2. Having heard the learned counsel appearing for the Bank and having heard the learned Senior counsel appearing for the workmen and having regard the various orders passed by this Court, we are of the considered view that this is a fit case to invoke our jurisdiction under Article 142 of the Constitution of India and give a quietus to the dispute.
3. In the peculiar facts and circumstances of this case, we direct the appellant - Punjab National Bank to appoint 29 canteen workers forthwith on the following conditions:
(i) They shall be paid half wages of the ClassIV employees or prevailing minimum wages in the State, whichever is higher;
(ii) All other benefits which have been granted to the 23 canteen workers already appointed will also be extended to the 29 workers covered by this order.
(iii) There shall be no other or further claim on this count from the workmen.
(iv) The benefits, as above, shall be extended to the 29 workmen from the first date of appointment of the 23 workmen.
4. In that view of the matter, we set aside the impugned Judgment of the High Court.
5. We make it clear that no settlement as prevailing in the Bank shall stand in the way of Bank giving effect to the order as indicated above.
6. The appeal is disposed of in the afore stated terms.
.....................J (KURIAN JOSEPH)
.....................J (SANJAY KISHAN KAUL)
NEW DELHI;
25TH SEPTEMBER, 2018.
