------------------------------------------------------------------------------ Documented by Goa Desc Resource Centre Ph:2252660 Website: www.goadesc.org Email: [EMAIL PROTECTED] Press Clippings on the web: http://www.goadesc.org/mem/ ------------------------------------------------------------------------------ ----------------------------------------------------------- Employee wins case against Goa urban bank ----------------------------------------------------------- The Industrial Tribunal, Goa, has held that the post of a junior officer in the Goa Urban Co-operative Bank comes under the purview of workman as defined under section 2(s) of the Industrial Dispute Act, 1947
This was made clear by Mrs Anuja Prabhudesai, additional district judge, South Goa who was the presiding officer of the II Industrial Tribunal, Goa, adjudicating the dispute filed by Rui Fereira, a bank employee V/s Goa Urban Co-op Bank Ltd.
In the award, the Tribunal held that the termination of the services of Mr Fereira
three years ago, was illegal, arbitrary and unjustified and ordered that he be
reinstated with full back wages and all other consequential benefits and with
continuity in service. The termination was consequent to a challenge to a
transfer order issued to him while he was on sick leave.
The Tribunal came to its conclusion in the light of position of law emerging from statutory provisions as well as judicial decisions and dealing with the type of duties assigned or discharged by the employee as junior officer.
On the question of 'workman', the Tribunal found that the post of junior officer
in the GUCB, as per the duties assigned and work allotted by the bank,
comes under the category of workman as defined under the Industrial Disputes
Act, 1947.
The matter was heard by Judge Prabhudesai, being specially appointed by
the government of Goa for the purpose of adjudicating the dispute arising out
of the allegations made against the earlier Industrial Tribunal in Panjim as
a special case, consequent to Mr Fereira filing a writ petition in the High Court
in person.
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HERALD 22/1/04 page 3
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======================================= GOA DESC RESOURCE CENTRE Documentation + Education + Solidarity 11 Liberty Apts., Feira Alta, Mapusa, Goa 403 507 Tel: 2252660 mailto:[EMAIL PROTECTED] website: www.goadesc.org ---------------------------------------------------------------------- Working On Issues Of Development & Democracy =======================================
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