The Court dismissed a writ petition seeking regularisation of the petitioner's service as a Peon. Finding facts were in dispute regarding continuous employment, the Court held the matter should be approached before an appropriate forum.
Petitioner directed to approach the appropriate forum to redress grievance. Writ petition and connected MPs dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23-6-2014
CORAM
THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR
WRIT PETITION No.28268 of 2013 and M.P.Nos.1, 2 and 3 of 2013
M.Siva Sankar .. Petitioner
vs
1.The Managing Director
State Bank of Travancore
Head Office
No.34, Poojapura
Trivandrum 695 012
2.The General Manager
(Human Resources)
State Bank of Travancore
Head Office
No.34, Poojapura
Trivandrum 695 012
3.The Assistant General Manager
State Bank of Travancore
Region IV, Regional Office
Coimbatore
4.The Branch Manager
State Bank of Travancore
Erode Branch
No.505, Nethaji Road
Erode 638 001. .. Respondents
Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to regularise the petitioner in the post of Peon from the date of his appointment i.e., 25.3.2000, in the respondents Bank and consequently, directing the respondents to grant all attendant benefits to the petitioner.
For Petitioner : Mr.K.Balaji For Respondents : Mr.S.Jayaraman for RR1 to 4
ORDER
https://hcservices.ecourts.gov.in/hcservices/ This writ petition is filed praying for a writ of mandamus to direct the respondents to regularise the petitioner in the post of Peon from the date of his appointment i.e., 25.3.2000, in the first
respondent Bank and consequently, direct the respondents to grant all attendant benefits.
2.According to the petitioner, he was appointed as a Temporary Sub Staff on daily wage basis in State Bank of Travancore at Erode Branch on 25.3.2000, and for the past over 13 years, he worked as daily wage employee in the post of Peon. At the time of appointment, the qualification prescribed for the post of Peon, was 10th Standard fail. The petitioner also possessed the said qualification. However, the said qualification was amended as 10th Standard pass as per the advertisement inviting applications for filling up the post of Peons. Hence the petitioner has filed this writ petition praying for a direction to the respondents to regularise the petitioner's service considering his service from 25.3.2000.
3.The learned Counsel appearing for the respondents-Bank, disputed the factum of continuous employment of the petitioner on daily wage basis.
4.It is represented by the learned Counsel for the petitioner that at the time of filing of writ petition, the petitioner was in service and from 31.10.2013 i.e., after the issuance of notice from this Court, the petitioner was not permitted to work.
5.Since the facts are in dispute and if the petitioner is having any right to claim benefit under the Labour Welfare legislation, it is open to the petitioner to approach the appropriate forum to redress his grievance. The writ petition seeking regularisation of the petitioner in the post of Peon, cannot be entertained. The writ petition is dismissed with liberty to the petitioner to approach the appropriate forum to redress his grievance if any, if so advised. No costs. Consequently, connected MPs are also dismissed.
Sd/-
Asst.Registrar(CS IV) 27.6.2014
True Copy
Sub Asst.Registrar
nsv
To:
1.The Managing Director
State Bank of Travancore
Head Office No.34, Poojapura
Trivandrum 695 012 https://hcservices.ecourts.gov.in/hcservices/
2.The General Manager (Human Resources) State Bank of Travancore Head Office No.34, Poojapura Trivandrum 695 012 3.The Assistant General Manager State Bank of Travancore Region IV, Regional Office Coimbatore 4.The Branch Manager State Bank of Travancore Erode Branch No.505, Nethaji Road Erode 638 001. +1cc to Mr.K.Balaji, Advocate Sr 26367 +1cc to Mr.S.Jayaraman, Advocate Sr 26374 GJ(CO) km/1.7. W.P.No.28268 of 2013
2 issues framed by the court
Whether the writ court can entertain a petition for regularisation of service when facts regarding continuous employment are in dispute.
Whether the petitioner has a right to claim benefits under labour welfare legislation given the factual dispute on service continuity.
1 provisions across 1 enactments
M.Siva Sankar
The Managing Director, State Bank of Travancore
The General Manager (Human Resources), State Bank of Travancore
The Assistant General Manager, State Bank of Travancore
The Branch Manager, State Bank of Travancore
N.Paul Vasantakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
