L CHINA VENKATESWARLU Vs. BANK OF BARODA

JUDGEMENT

(1.) These two writ petitions raise same questions of fact and law. Therefore they are decided by this common order.

(2.) Different petitioners have joined on different dates but those dates are not relevant for the purpose of disposal of this writ petition. The facts relating to both the petitions which are relevant are that, a branch of respondent-Bank is operating at Tirumala Hills. According to the petitioners, in addition to its commercial transactions it is also dealing with sale of prasadam i.e., Laddus of the Lord Sri Venkateswara at Tirumala Tirupathi Devasthanam. The Bank also sells the tickets which are needed by pilgrims for performing the rituals before the Deity. The Bank, according to the petitioners engaged the petitioners as their employees for lifting the Laddus which are kept in trays in the kitchen situated at the main temple. These Laddus are carried from kitchen to the counters of the Bank and other places for distribution. The pilgrims who want Laddus make the payment at the counter of the Bank and Laddus are given to them on production of tokens. The Tirumala Tirupathi Devasthanam is well known temple and thousands of pilgrims visit every day and the job of distribution of prasadam is perennial in nature and number of workers are needed for distribution of prasadam to the pilgrims and it is virtually impossible for the Bank to transact its business of selling laddus without the employees. Persons are also needed for issuing tickets. The respondents have failed to create regular posts and regularise the services of the petitioners and only to divest them from regular appointments a contract labour system has been devised. The contractor is in no way concerned with the execution of the work of the Bank. The petitioners were got inducted into the Baroda Bank through the Contract labour system and were continued. They have been taken into service through Protective Security service from different dates and they are lifting the trays from the main kitchen to the laddu counters. An amount of Rs.1,500 is being paid to each employee and the contractor makes a deduction of Rs.50/- and they are given balance of Rs.1,450/-. The petitioners further submit that the work being perennial and round the clock they have to work for almost 24 hours even on public holidays and Sundays. First respondent is their principal employer and therefore they want a direction from this Court that posts should be created and they should be regularised against those posts.

(3.) Counters have been filed. It appears that the distribution of the laddus of the Devasthanam is not being done only by the Baroda Bank which is the respondent in this writ petition but also by other Banks. One of such Banks is Indian Bank. The persons engaged by them in similar circumstances also filed a writ petition in this Court being W.P. No.17514 of 1999 which has been dismissed by this Court with the following observations: