TMI Blog1998 (5) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... heard the Learned Counsel for the petitioner and the respondent-State Bank of India it is directed that the matter will come as application 3 months hence. A/O by 6 weeks and Reply by 3 weeks thereafter. Pendency of the petition will not prevent the parties to proceed before the Tribunal in the manner mentioned in the petition. Any step to be taken by the respondent pursuant to the impugned settlement will abide by the result of the writ petition. Liberty to mention for early hearing after filling of affidavit. All parties to act on a signed copy of the minutes of this order on the usual undertaking. Aggrieved by the above order, respondents 1 to 3 moved the Division Bench of that High Court and the learned Judges of the Division ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der Article 226 of the Constitution of India, gave findings on questions of disputed facts. Two important aspects on which the facts seriously disputed were that the canteen employees were not the employees of the bank as there was no relationship of employer and employee and there was no similarity between the canteens in dispute and the canteens run by the bank. The Division Bench proceeded on the assumption that the canteen employees of the bank and the canteens run by the bank and the canteens now in question are similar in all respects. It appears that as a result of bipartite agreement between the bank and employees federation (after four stages) ultimately the Bank agreed to take over and run the canteens where the Branch is manne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ying the principles laid down by this Court in these recent judgments, it is absolutely necessary to have clear and elaborate findings on facts based on materials. In this circumstances, taking advantage of the pendency of the identical issue in Ref. No. 2/92 before the Central Government Industrial Tribunal at Calcutta, instead of directing the parties to go before the same Tribunal in this matter as well, to avoid delay and in the interest of both the parties, we direct the Central Government Industrial Tribunal to expedite the hearing of Ref. No. 2/92 and render the Award within six months. The parties shall avoid taking adjournments. The party, aggrieved by the Award of the Tribunal to be passed pursuant to the direction as given abo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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