VISHNU KUMAR Vs. STATE BANK OF HYDERABAD

JUDGEMENT

(1.) The 1st petitioner was employed as a temporary workmen under the 2nd respondent w.e.f., 12/02/1990 and the 2nd petitioner was similarly recruited w.e.f., 9/07/1990. They have been continuously working without any interruption or break on all working days though on daily wages. Their services, however, were terminated by verbal orders and the above writ petition has been filed seeking a direction for reinstatement in service and absorption in the regular establishment as per the Central Government's orders.

(2.) While it is not denied by the respondent that the petitioners had worked as casual labourers from 12/02/1990 and 9/07/1990 respectively upto 26/08/1993 and were paid daily wages, it is stated that the petitioners were performing duties menial in nature such as cleaning and dusting the premises. It is contended by the respondents that the petitioners are not entitled to reinstatement as their services were disengaged in accordance with law w.e.f., 27/08/1993.

(3.) Learned counsel for the petitioner, however, contended that the Government have recommended the case of temporary employees who have put in not less than 240 days to be regularised vide letter No. F3/J/104/87-88 (Annexure P-1). Insofar as Banks are concerned, it is stated that one time opportunity to all temporary employees be given by considering all those engaged as temporary on or after 1/01/1982. The learned counsel for the petitioner, contends that as per the said Circular letter which is binding on the Respondent Bank, the petitioners having worked continuously and have put in more than 240 days of service are therefore entitled to be absorbed.