Dipak Das & Ors vs Union Of India & Ors
2023 Latest Caselaw 45 Cal

03.01.2023 IN THE HIGH COURT AT CALCUTTA DL-3 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE Ct.21 WPA 20283 of 2022

Dipak Das & Ors.

Vs.

Union of India & Ors.

Mr. Sabyasachi Chatterjee, Mr. Badrul Karim, Mr. Sayan Banerjee .....for the petitioner.

Mr. Madhu Jana ....for Union of India.

Ms. Parna Roy Choudhury, Mr. Avishek Choudhury ....for PNB.

The petitioners are the mini deposit collectors

engaged on contractual basis by Punjab National

Bank. The petitioners have challenged the modified

Mini Deposit Scheme of the bank to collect cash by

updating software finacle 10 machine in lieu of

manual system of collection of cash.

Mr. Chatterjee, learned counsel appearing on

behalf of the petitioners submits that the said

modified deposit scheme is illegal and could not have

been implemented by the bank, vide office order dated

May 30, 2022.

Ms. Roy Choudhury, learned counsel appearing

on behalf of bank submits that the writ petition in its

present form is not maintainable. She relies on a

judgment passed by the Hon'ble Apex Court in Appeal

(Civil) 3355 of 1998 (Indian Bank Association Vs.

Workmen of Syndicate bank & Ors.) in support of

the contention that the petitioners are workmen

under the Industrial Disputes Act and their remedy

lies under the Act and not before the Writ Court.

Having considered the rival submissions of the

parties and the materials placed on record, this Court

is of the view that the petitioners have an alternative

efficacious remedy under the Industrial Disputes Act,

being workmen under the said Act.

In the circumstances, WPA 20283 of 2022 is

dismissed.

However, it is made clear that this Court has not

gone into the merits of the disputes.

The petitioner will be at liberty to approach the

appropriate forum on the self-same cause of action, if

so advised.

Since no affidavits have been directed to be

exchanged in the present writ petition, all the

allegations contained therein are deemed not to have

been admitted by the parties.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

Urgent photostat certified copies of this order, if

applied for, be supplied to the parties upon

compliance of all necessary formalities.

(Lapita Banerji, J.)