MITRA KUMAR MONDAL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed, inter alia, for a direction upon the respondents to regularize the service of the petitioner as permanent employee of the respondent no.1 (hereinafter referred to as the Bank) in the post of messenger, the post in which the petitioner has been continuously serving for the last 22 years, till the date of filing of the writ petition.

(2.) The instant case proceeds on the premise that on 27/12/1982 the petitioner was engaged as a temporary messenger in Hura Branch of the State Bank of India in the district of Purulia. It is his case that between 17/12/1982 to 12/4/1995 he had worked for a period of more than 607 days, with certain interval and gaps. He claims that on 27/12/1991 on the basis of an interview he was empanelled as temporary employee of the bank and the list of temporary employees was published in April, 1992.

(3.) He relies on an agreement executed between the bank and the registered trade union which provides for recruitment of messengers after preparation of a list of empaneled temporary staff. According to him, such agreement was first signed on 27/10/1988 and again on 9/1/1991 but the same was not renewed and consequentially the list of the temporary staff as of April 1992 lapsed after expiry on 31/3/1997, i.e. after 5 years.