S A BALAJI Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) THE petitioners have sought for a writ of mandamus, directing respondents 1 and 2 to regularise the services of the petitioners as per the recommendation of the third respondent with effect from the date of their first appointment as temporary Peons and consequential benefits such as seniority, arrears of pay, monetary benefits etc.

(2.) AFFIDAVITS filed in support of the petitions and counter affidavits are perused. The Court heard the learned counsel appearing on either side.

(3.) FROM the submissions made by the learned counsel appearing for the petitioners and the respondents and looking into the material available on record, it could be seen that the petitioners have been working in the respondent-Bank for nearly about two decades as Temporary Peons (sub-staff ). They had been in continuous service as temporary Peons (sub-staff) and they had been paid a consolidated salary of Rs. 135/- per day for number of working days in a calendar month. They have got fixed working hours and they have to report for duty at fixed hours of work and the same would be carried out till the end of the working hours fixed by the respondent-Bank and in terms of the Tamil Nadu Shops and Establishment Act. The work entrusted to them by the respondent-Bank was supervised by various level of Officers and therefore, there was a master-servant relationship between the respondent-Bank and the petitioners. The work allotted and carried out by them is not of a casual nature, but that of a permanent nature. They have been appointed as Temporary Peons to work in the place of permanent vacancies.