P V NAYAK Vs. SYNDICATE BANK

JUDGEMENT

(1.) Whether the Syndicate Bank, which is a corporate body constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (hereinafter referred to as "the Act") falls within the definition of the word "State" as deefined in Art. 12 of the Constitution and consequently a writ petition is maintainable under Art. 226 of the Constitution against the orders passed by it against its employees in contravention of the rules regulating their conditions of service ? is the question that arises for consideration in this case.

(2.) Facts : The petitioner was appointed as a clark on the establishment of the Syndicate Bank on April 25, 1960. He was confirmed in the said post with effect from March 25, 1961. At that time, the Syndicate Bank was a banking company. The said Bank was taken over along with other Banks under the provisions of the Act. Thereafter, the petitioner was promoted as an officer by the order of the general manager dated October 17, 1973 (Ext. A). He was placed on probation for one year. Before the expiry of one year, by order dated August 19, 1974 (Ext. C), the services of the petitioner were terminated. Against the order of termination of his services, the petitioner preferred an appeal to the chairman and managing director of the Syndicate Bank through his appeal dated September 13, 1974. The appeal was rejected as per order dated November 15, 1974 (Ext. F). It is, thereafter, the petitioner has presented this writ petition aggrieved by the order terminating his services.

(3.) Sri Tukaram S. Pai, learned counsel for the respondents, has raised the following preliminary objection :