SH. VIDYA SAGAR AND OTHERS Vs. RESERVE BANK OF INDIA, THROUGH THE OFFICER INCHARGE, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) VIDYA Sagar and thirteen other Petitioners are working as Theka Mazdoors with the Reserve Back of India, Chandigarh branch. They were selected in October, 1983. Annexure P1 is one of the appointment letters relating to Gian Singh. Until regular appointment was made he was to report daily for work. The Petitioners continued working on daily wages for all the years i.e. working for more than 240 days in a calendar year. In March, 1987, the Petitioners were again asked to give their particulars to judge their eligibility. They were subjected to medical examination and called for interview on October 1, 1987. Apprehending that their names would be removed from the waiting list which was earlier prepared, they approached this Court with this writ petition filed under Article 226 and 227 of the Constitution for a mandamus directing the Respondents to regularise their services and not to fill up the vacancies afresh.

(2.) THE stand of the Respondents in the written statement is that this writ petition is not competent as the Petitioner has raised industrial dispute which is pending before the Assistant Labour Commissioner (Central), Chandigarh On merits, it was admitted that in 1983/1984 a waiting list was prepared of suitable candidates which included the names of the Petitioners. Some of the persons were absorbed against regular vacancies and some were employed on daily wages. The Petitioners were employed on daily wages but could not be absorbed on regular basis for want of vacancies. In 1987 fresh waiting list was prepared for appointment on regular vacancies as and when arise. Annexure R.1. is the waiting list. The first four candidates in the waiting list are already working in the Bank on regular posts in different cadres. The candidates at serial Nos. 1 and 2 are full time employees in Class IV cadre of Bank. They have worked for more than five years as full time employees in that cadre. As per procedure followed by the Bank, they could switch over to the cadre of Mazdoors and were thus given priority. The candidates at serial Nos. 3 and 4 were also regular employees though they were part time employees. They were in Respondents' service for three years and were being posted as Mazdoors. It was denied that the Petitioners could claim regular appointment on the ground that they bad completed 240 days of service in the calendar year. Fresh candidates were interviewed along with the Petitioners and fresh waiting list was prepared. Such list was required to be prepared every year.

(3.) THE matter of removal from waiting list of Tikka Mazdoor was also under consideration of the Supreme Court in H.D. Singh v. Reserve Bank of India and Ors. : A.I.R. 1986 S.C. 132 and it was held that the same amounted to termination. With respect to the practice of the Reserve Bank to scrap such waiting list, in para No. 10 of the judgment it was observed as under: