GENERAL MAZDOOR SABHA Vs. EXON LABORATORIES PVT LTD

JUDGEMENT

(1.) The respondent was engaged by the State Bank of India, Johnstonganj, Allahabad Branch (the Bank) as a daily wage in 1981. The Bank thought of regularising the services of such persons and published an advertisement on August 20, 1991. The respondent applied and appeared in the interview before the committee on November 18, 1981. He was successful and his name was kept in the 1991 panel.

(2.) The service of the respondent was not regularised. He filed a representation for regularisation of the same. When it was not being decided, he filed writ petition No. 2978/2001. It was disposed of on February, 2001, with a direction to the Bank to decide the same. The representation was rejected on February 17, 2001. The respondent filed writ petition substantially claiming: quashing of the order dated February 17, 2001, for his regularisation, and to pay him salary as a regular Class IV employee. It was partly allowed on October 11, 2001. Hence, the present special appeal by the Banki Findings and Directions - Single Judge

(3.) The single Judge has held that: The respondent has been discharging various functions of the Bank in the temporary capacity; His service cannot be regularised; He cannot be paid salary as a regular employee.