RAM DASS Vs. SYNDICATE BANK

JUDGEMENT

(1.) The petitioner has filed this writ petition under Articles 226/227 of the Constitution of India seeking the following reliefs: "(i) That the impugned order dated 8.3.1995 (Annexure P -3) withdrawing the services of the petitioner as attender in the respondent -Bank may very kindly be quashed and set aside. (ii) That suitable directions may kindly be issued to the respondent -Bank not to disengage the petitioner from the post of Attender and allow the petitioner to continue to work as Attender. (iii) That as the petitioner has already put in more than 5 years continuous service as Attender, the respondent may kindly be directed to regularize his services as Attender. (iv) That any other relief this Honble Court deems tit and proper in the facts and circumstances mentioned herein above may kindly be granted in favour of the petitioner in the ends of law and justice."

(2.) It is the case of the petitioner that he was appointed as part -time Sweeper in Shimla Branch of the respondent -Bank. By order dated 7.2.1.989 (Annexure P -1) the petitioner was confirmed as Sweeper w.e.f. 1st July, 1988. The petitioner stated that one post of Attender was lying vacant in the respondent -Bank against which he was temporarily appointed by the Manager of the respondent -Bank, Shimla Branch vide order dated 2.2.1990 (Annexure P -2). He discharged his duties of Attender continuously for a period of five years with utmost sincerity. The Manager of respondent -Bank, Shimla Branch in terms of order dated 8.3.1995 (Annexure P -3) withdrew the work of Attender from him w.e.f. 8.3.1995.

(3.) The petitioner has challenged the impugned order (Annexure P -3) by way of this writ petition, inter alia, on the grounds that the impugned order was in violation of Section 25 -f of the Industrial Disputes Act, 1947 and the respondent -Bank has acted arbitrarily and illegally against the well defined national policy of insuring jobs for Schedule Caste candidates to which the petitioner belongs thereby depriving him to discharge the duties of Attender and ignoring his claim for regularization against such post.