Dismissed

Lineesh.a.K v. the Kerala Gramin Bank

Kerala HC19 Dec 2018WP(C)/38240/2018

Case brief

AI extract

What is this about?

Single judge, High Court of Kerala, disposed of a writ petition by directing the respondent Bank to consider representations filed by daily wage employees regarding their regularisation and pass orders within one month, noting that the matter is concurrently pending before the Deputy Chief Labour Commissioner.

What did the court decide?

The Court directed the first respondent to consider the representations filed by the petitioners (Exts. P9 to P18) and pass orders thereon within one month from the date of receipt of this judgment.

Lineesh.a.K Vs the Kerala Gramin Bank — Labour and Industrial Disputes | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY,THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940

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WP(C).No. 38240 of 2018

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PETITIONER/S:

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1 LINEESH.A.K AGED 38 YEARS S/O PRABHAKARAN NAIR, ARIKUZHIYIL HOUSE, KARUMALA P.O, BALUSSERY, KOZHIKODE DISTRICT

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2 GIREESH M.M, S/O. MADHAVAN, MATTIYAMBATH HOUSE, MYLAMBADI P.O, MEENANGADI, WAYANAD DISTRICT.

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3 VENU M.P, S/O. NADI, MEPPATHURPURAYIL HOUSE, MUNDUMUZHI, VAZHAKKAD P.O, MALAPPURAM DISTRICT

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4 HARIDASAN K, S/O. GANAPATHIKUTTY, KODINHI HOUSE, NAYADIPPARA, KOTTAKKAL P.O, MALAPPURAM DISTRICT.

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5 RANJITH LAL P.V, S/O. ARIYAN, POOVANVALAPPIL HOUSE, MELUR P.O, KOYILANDY, KOZHIKODE DISTRICT

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6 CHANDRAN V.P.M, S/O. THEYYAN, VATHUKKAL PARAMBATH MEETHAL HOUSE, VELOM P.O, KOZHIKODE DISTRICT

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7 PREMALATHA T.P, W/O. RAJAN, PERANAKOTTU MEETHAL, ANEETTAS HOUSE, MEPPAYYOOR P.O, KOYILANDY (VIA), KOZHIKODE DISTRICT

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8 ABDURAHIMAN A.P, S/O. MUHAMMED, KAVANACHEERY HOUSE, IRUMBUZHI P.O, MALAPPURAM DISTRICT

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9 SASIDHARAN M, S/O. ARUMUGHAN, MEPPALLIKKATTE HOUSE, HAJYARPALLI P.O, MALAPPURAM DISTRICT.

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WP(C).No. 38240 of 2018

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10 BALAKRISHNAN E.P, S/O. VELAYUDHAN, ALINGAPARAMBIL HOUSE, KARUVAMBRAM P.O, MALAPPURAM DISTRICT.

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BY ADVS. SRI.T.R.HARIKUMAR SRI.ARJUN RAGHAVAN

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RESPONDENT/S:

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1 THE KERALA GRAMIN BANK REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, KGB TOWERS, A.K ROAD, UP HILL, MALAPPURAM PIN- 676505

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2 THE CHAIRMAN, KERALA GRAMIN BANK, HEAD OFFICE, KGB TOWERS, A.K ROAD, UP HILL, MALAPPURAM PIN 676 505.

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3 THE GENERAL MANAGER, KERALA GRAMIN BANK, HEAD OFFICE, KGB TOWERS, A.K ROAD, UP HILL, MALAPPURAM PIN 676 505.

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BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 38240 of 2018

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J U D G M E N T

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Petitioners, who are working as Office Attenders in the first respondent Bank, claim that they have been working under the Bank on daily wages since the years 1998, 1999, 2000, 2002, 2003, 2006 etc. It is also stated that the Bank had regularised 112 out of 373 employees, who are working on daily wages. Petitioners had also requested for regularisation. No positive action is taken by the respondents-Bank. It is also stated that the regularisation initially made was after a series of litigation before this Court. On account of which, some of the employees are regularised and some of them are not regularised. Petitioners therefore submitted representations Exts.P9 to P18, again requesting the respondents to regularise them.

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Respondents 1 to 3 have filed a counter affidavit, stating that the Union, in which the petitioners are members, had taken up the matter

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WP(C).No. 38240 of 2018

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before the Deputy Chief Labour Commissioner, based on which the respondents have received notice and filed a written statement before him. It is also stated that when the matter is pending consideration before Deputy Chief Labour Commissioner, the petitioners have filed this writ petition seeking regularisation.

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It is pointed out that the representations are submitted by the petitioners after the matter was taken up before the Deputy Chief Labour Commissioner.

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However, the learned counsel for the

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petitioners submit that the only relief sought in the writ petition is for a direction to the respondents to consider their representations.

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I heard the learned Standing Counsel also, who

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also submitted that the matter is pending consideration before the Deputy Chief Labour Commissioner; it is taken up by the Trade Union.

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However, in view of the limited relief sought for, the writ petition is disposed of, directing the first

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WP(C).No. 38240 of 2018

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respondent to consider and pass orders on Exts.P9 to P18 representations in accordance with law, within a period of 'one month' from the date of receipt of a copy of the judgment.

Sd/-

P.V.ASHA, JUDGE.

WP(C).No. 38240 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE COMMUNICATION ISSUED BY THE CANARA BANK DATED 22/02/2008
EXHIBIT P2	A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT BANK DATED 14/03/2008
EXHIBIT P3	A TRUE COPY OF THE LIST OF EMPLOYEES WORKING IN THE 1ST RESPONDENT BANK
EXHIBIT P4	A TRUE COPY OF THE JUDGMENT DATED 29/01/2010 IN W.A NO. 2123 OF 2009 AND OTHER CONNECTED MATTERS
EXHIBIT P5	A TRUE COPY OF THE JUDGMENT DATED 04/12/2015 IN W.A NO. 1539 OF 2015 AND OTHER CONNECTED MATTERS
EXHIBIT P6	A TRUE COPY OF THE APPLICATION FILED UNDER THE RTI ACT DATED 22/03/2017
EXHIBIT P7	A TRUE COPY OF THE REPLY DATED 05/05/2017 ISSUED UNDER THE RTI ACT
EXHIBIT P8	A TRUE COPY OF THE REPRESENTATION DATED 07/06/2014 FILED BY THE KERALA GRAMIN TEMPORARY EMPLOYEES ASSOCIATION BEFORE THE 2ND RESPONDENT
EXHIBIT P9	A TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P10	A TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P11	A TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P12	A TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT

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WP(C).No. 38240 of 2018

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EXHIBIT P13	A TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 5TH PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P14	A TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 6TH PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P15	A TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 7TH PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P16	A TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 8TH PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P17	A TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 9TH PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P18	A TRUE COPY OF THE REPRESENTATION DATED NIL FILED BY THE 10TH PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P19	A TRUE COPY OF THE NOTICE DATED 12/07/2018 ISSUED BY THE REGIONAL LABOUR COMMISSIONER (CENTRAL), COCHIN & CONCILIATION OFFICER.
EXHIBIT P20	A TRUE COPY OF THE NOTICE DATED 21/08/2018 ISSUED BY THE REGIONAL LABOUR COMMISSIONER (CENTRAL), COCHIN & CONCILIATION OFFICER.

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RESPONDENT'S EXHIBITS:

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EXHIBIT R1(A) TRUE COPY OF THE NOTICE DATED 02.11.2018 BEARING NO.07/(79)2015/B1 ISSUED TO THE GENERAL MANAGER OF THE BANK BY THE OFFICE OF DY. CHIEF LABOUR COMMISSIONER (CENTRAL), COCHIN

Lineesh.a.K v. the Kerala Gramin Bank

Case brief

What is this about?

What did the court decide?

Lineesh.a.K v. the Kerala Gramin Bank

Case brief

What is this about?

What did the court decide?

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