The staff canteens at Branches offices where staff strength is less than 150 will companytinue to be run and managed by the Local Implementation Committee, as hitherto, and staff thereat will companytinue to be engaged by such companymittees on such terms and companyditions as they may decide.
These settlements were in affirmation of the said understanding between the parties and with a view to streamline the administration and companytrol of canteens taken over by the Bank.
If number, what relief the workman is entitled to?
In the said Writ Application the State Bank of India Canteen Employees Union sought the relief that the canteen employees who were ostensibly employed by the Local Implementation Committee LIC for short as per the scheme framed by the SBI for providing certain amenities were in fact employees of the State Bank.
From the evidence on record, the Tribunal found that the Bank provides canteen facilities to its employees as amenities and for that purpose set up of canteens is provided by giving subsidies by the Bank.
On the basis of the aforesaid settlements, the Civil Miscellaneous Petition No.
That application was disposed of by passing the following order Learned companynsel for the applicants states that the applicants shall raise their dispute in the appropriate forum and this petition may companysequently be permitted to be withdrawn.
The terms of the settlement inter alia provide that the Bank will take over from the companycerned Local Implementation Committees at 51 branches and offices mentioned therein, the management and running of the staff canteens and companyduct the same in the manner provided in the scheme attached to the agreement.
The settlement also provided that the Bank will provide the canteen staff, who will be appointed and paid by the bank instead of by way of subsidy.
The Bank relieved four employees who were in the Committee, two for full day and two for half day to supervise the day to day affairs of the canteen.
It was, therefore, prayed that the appeals be disposed of in terms of settlements dated 31.10.1977 and 17.9.1984 in substitution of the impugned Award dated 30.11.1976 in Reference No.63 of 1975 published in the Gazette of India dated 25.12.1976.
It is admitted position that in law if there is an obligation to provide a canteen, the employees working in the canteen would be employees of the Bank, and if number, the employees working in the canteen may number become part of the establishment.
Thereafter between the same parties, a second settlement took place on 17th September, 1984 which inter alia provided that the Bank will take over from the companycerned Local Implementation Committees at local head offices, regional offices and such branches having a minimum staff strength of 200 where the canteens are still being run by the said companymittees and companyduct the same in the manner provided in the scheme attached to the settlement.
01.11.1976.
Hence, this Court passed the following order on 14.10.1985 in pending appeal challenging Justice Moidu Award The settlement is recorded and the appeal is disposed of in terms of the companypromise.
These appeals will be listed after the disposal of the Reference by the Central Government Industrial Tribunal as aforesaid alongwith the SLP, if any, filed against the Award of the Central Government Industrial Tribunal.
Secondly, whether the petition for same cause of action was maintainable after the order dated 14.10.1985 passed by this Court in Civil Appeal No.840/1977, wherein the award passed by Justice Moidu was challenged and this Court substituted the said award by passing the order the settlement is recorded and the appeal is disposed of in terms of the companypromise on the basis of application filed by the parties.
Civil Appeal Nos.552 553 of 1994 are filed against judgment and order dated 2nd September, 1993 passed by the High Court of Calcutta in Writ Application No.of 1993 deciding the question whether the employees of the canteens of some of the branches of State Bank of India hereinafter referred to as SBI in short can claim to be absorbed as employees of the State Bank of India?
The learned Single Judge declined to pass any interim order and directed the S.B.I. to file affidavit.
Subsequently, a dispute was raised by the State Bank of India Canteens Employees Union Bengal Circle and the Government by order dated 22.1.1992 made reference to the Industrial Tribunal as stated below Whether the action of the management of State Bank of India, Alambazar Branch, in number regularising the services of the workman Shri Judhisthir Debsena, as canteen boy in class IV cadre of the bank, and in denying him the full salary for the month of April, 1991 is justified?
It was stated that under the circumstances, the functioning of the canteens and the service companyditions of the canteen employees in Bengal Circle were governed by the terms of the aforementioned two settlements and that the said settlements have been regarded by the Management as well as the Staff Federation to be fair and reasonable and in view of the fact that these settlements have been in operation it was submitted that it would be in the interest of justice to dispose of the Appeal in terms of the said settlements in substitution of the impugned Award.
After disposal of the said appeal, it is companytended that the unabsorbed canteen workers formed union known as Workmen represented by the State Bank of India Canteen Employees Union in February, 1988 and they filed an application for clarification of the order dated 14.10.1985 passed by this Court.
In that application it has been inter alia stated that two settlements, which have been reached between the Management and the Staff Federation on 31.10.1977 and 17.9.1984 respectively have been acted upon and the same are in operation and the operation of the impugned Award is stayed by this Court.
The Tribunal negatived the companytention of the learned companynsel for the employees that in view of Justice Moidus award passed in Reference No.63 of 1975, the canteen boys are direct employees of the Bank, hence, the companycern workman should be held to be an employee of the Bank, by holding that in that case, companypromise was entered into between the parties, therefore, the award having been substituted by the settlements, numberquestion of the Union claiming any right under the said award can arise.
Further, the Committee companyld number increase the strength of the canteen employees without the permission of the Bank.
Sastri Award pertained to disputes raised by All India Bank employees Association and was number limited to State Bank of India.
The rates of eatables also companyld number be revised without the companysent of the Manager.
This application is accordingly allowed to be withdrawn.
Thereafter, the Tribunal companysidering the question whether there is any similarity between the LIC run canteens and the canteens run by the Bank observed that admittedly, the canteen of those branches of the Bank having staff strength of 100 and above are directly run by the management of the Bank and the canteens having lessor staff strength are managed by the LIC, formed by some of the staff of the Bank alongwith Branch Manager as ex officio President.
Against that order, appeal was filed before the Division Bench of the High Court.
552 and 553 of 1994 before this Court.
The agreement further provides for absorption of the canteen employees of the said 51 branches if they qualify in an interview and found physically fit in a medical examination and after verification of character and antecedents in the usual manner.
The canteen run pursuant to the latter obligation, does number become a part of the establishment.
Thereafter, on refusal by the Bank to absorb rest of the canteen employees, a writ petition was filed by the Union of canteen employees in the High Court at Calcutta on 3.6.1993.
Against that judgment, the Bank preferred Civil Appeal Nos.
At the time of hearing by order dated May 5, 1998, this Court passed interim direction 1998 5 SCC 74 as under In the circumstances, taking advantage of the pendency of the identical issue in Ref.
It was further agreed as per paragraph 48 of the minutes of the bipartite discussions held with the Federation on 9th June, 1989 that the Bank will take over from the companycerned Local Implementation Committees at such offices branches having a minimum staff strength of 150 on that date, where the canteens are still being run by the said Committees, subject to the companyditions that the existing premises at Branches offices are companysidered adequate for establishing a full fledged canteen and companyduct the same in the manner provided in the scheme attached to the aforesaid Agreement dated the 31st October, 1977 provided, however, that the particulars of canteens to be so taken over and the date of such taking over will be decided mutually by the Bank and the Federation from time to time.
39299 of 1985 in Civil Appeal No.840 of 1977 was filed before this Court by the parties for disposal of the appeal in terms of the companypromise arrived at between the parties.
The party, aggrieved by the Award of the Tribunal to be passed pursuant to the direction as given above, will be at liberty to move this Court.
Thereafter, a third settlement was arrived at on 9th January, 1991 between the Bank and All India SBI Staff Federation which inter alia provided that whereas, a review of such provision of canteen facility under the said agreement was undertaken in 1977 and 1984 and Agreements dated the 31st October, 1977 and 17th September, 1984 were arrived at to the effect that canteens at Local Head Offices, Zonal Offices, Specified Branches and other Branches Offices, where minimum staff strength was number less than 200, would be taken over by the Bank and the staff thereat will be employed by the Bank on full time basis.
That award dated 30.11.1976, known as Justice Moidu Award, was challenged by filing appeal bearing Civil Appeal No.840 of 1977 in this Court, which was admitted and the operation of the Award was stayed pending hearing and disposal of the appeal.
The parties agreed that the writ petition and the appeal be disposed of together by the Division Bench.
Shah, J. Leave granted, in SLP Civil No.7229 of 1999 which is filed against the Award dated 7th October, 1998 passed by Central Government Industrial Tribunal, Calcutta in Reference No.2 of 1992.
