Authority: Calcutta High Court
Order Date: 28 July 2026
Case Overview
- Parties: Petitioners – Sukrit Mukherjee, Shuvojeet Gupta, Rajat Subhra Das (representing Axis Bank Ltd); Respondents – Central Government Industrial Tribunal, Kolkata and contractors (M/s S & IB Services Pvt Ltd, M/s PVS Ltd, M/s Orion Security Solutions, M/s G4S Ltd).
- Writ application WPA 26551 of 2025 challenged an ex‑parte award dated 06‑06‑2024 (Reference No. 39 of 2015) passed by the Presiding Officer of the Central Government Tribunal, Kolkata.
- Background: Axis Bank entered service agreements in 2008 with the contractors to provide armed guards for branches and ATMs. Contractors stopped payment of conveyance, gun and special allowances (Rs. 175 per month) from October 2008 (tribunal noted October 2006) without 21‑day notice under Section 9‑A of the Industrial Disputes Act.
- Workmen raised the issue in conciliation (letter 14‑02‑2012) and later filed claim in 2015; Axis Bank claimed it was unaware of proceedings and had cleared contractor invoices.
- Tribunal held that both principal employer (Axis Bank) and contractors were liable to pay arrears and directed payment within three months, invoking Section 21(4) of the Contract Labour (Regulation & Abolition) Act, 1970.
- The High Court examined statutory provisions, Supreme Court precedents, and the earlier HDFC Bank judgment (WPO 387 of 2025).
Final Outcome
- The writ petition is dismissed; the Tribunal’s award is upheld.
- Axis Bank and the contractors must pay the pending conveyance, gun and special allowances to the security personnel within six weeks of this order.
- Interest at 10 % per annum is applicable from the date of award; if payment is not made, interest rises to 18 % per annum.
- The interim order is vacated and the photostat certified copy of the judgment to be provided on priority.
Topics: Labor Law, Banking, Industrial Disputes