JOGINDER KUMAR GAUTAM Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal has arisen against the judgment of the learned single Judge of this Court dated November 16, 1981, dismissing the Civil Writ Petition filed by the appellants -petitioners, 2 Briefly stated, the facts are these: The appellants herein were appointed as cashiers on March 26, 1971 and September 14, 1971, respectively, with the respondent -Bank at Sundernagar branch. According to the appellants they were appointed as cashiers to permanent posts which were lying vacant at the relevant time It was further stated that the appellants tried their luck for improving chances of promotion by appearing in an examination conducted by the respondents for the post of clerks in the month of March 1972 but could not succeed. Thereafter they again appeared in the examination conducted by the respondents in October 1972 but in this attempt they again failed. In the month of October 1972, the appellants were asked to sign a proforma (Annexure ˜A to the writ petition) on the basis of which the respondents wanted to get confirmed that the appellants were temporary employees of the bank but the appellants refused to sign the same.

(2.) Upon this, the respondents felt annoyed and began finding faults with them and ultimately terminated their services by serving upon them two separate orders dated February 26, 1973, in which it was mentioned that despite affording opportunity to them to appear in the examination/test, they had failed to qualify the same and, therefore, their services were being terminated.

(3.) The orders of termination were challenged by the appellants by filing a writ petition on the following grounds: - (a) The termination of the petitioners from service is against the provisions of Himachal Pradesh Shops and Commercial Act, 1969; (b) The termination orders are bad and liable to be set aside under the provisions of the State Batik of India Ace, 1955; (c) The termination orders are also liable to be set aside under the Industrial Employment (Standing Orders) Act, 1946; and (d) The said termination orders are also violativs of the provisions of the Industrial Disputes Act, 1947.