Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No. 5112/2017
PUNJAB NATIONAL BANK Appellant(s)
VERSUS
PNB CANTEEN WORKERS UNION (CALCUTTA)&ORS Respondent(s)
J U D G M E N T
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
Signature Not Verified
higher;
Digitally signed by
VISHAL ANAND
Date: 2018.09.26
15:31:23 IST
Reason:
(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.
2
(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 aforestated terms.
......................J
(KURIAN JOSEPH)
.....................J
(SANJAY KISHAN KAUL)
NEW DELHI;
25TH SEPTEMBER, 2018.