Gauhati High Court
Chief General Manager vs Kamal Nath And Anr on 24 March, 2021
Page No.# 1/8
GAHC010008892020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/222/2020
CHIEF GENERAL MANAGER
STATE BANK OF INDIA, LOCAL HEAD OFFICE, OPPOSITE ASSAM
SECRETARIAT, DISPUR, GUWAHATI.
VERSUS
1. KAMAL NATH AND ANR
CANTEEN BOY STATE BANK OF INDIA, CHANDMARI BRANCH,
MED ROAD, BAMUNIMAIDAM, GUWAHATI-21.
2:ARUP BEZBARUAH
LABOUR IN CANTEEN STATE BANK OF INDIA
SME GS ROAD BRANCH GUWAHATI- 781005
Advocate for the Petitioner : MR S S SHARMA
Advocate for the Respondent : MR. M SAIKIA
Linked Case : WA/45/2021
THE CHIEF GENERAL MANAGER
STATE BANK OF INDIA LOCAL HEAD OFFICE GUWAHATI.
VERSUS
1. RATNESWAR KUMAR AND 46 ORS
CANTEEN BOY STATE BANK OF INDIA
GUWAHATI BRANCH GUWAHATI-01.
2:KANDARPA TALUKDAR
CANTEEN BOY STATE BANK OF INDIA
GUWAHATI BRANCH GUWAHATI-01.
3:RUBUL BARMAN
Page No.# 2/8
CANTEEN BOY STATE BANK OF INDIA
GUWAHATI BRANCH GUWAHATI-01.
4:JIBESWAR DAS
MESSENGER STATE BANK OF INDIA
LOCAL HEAD OFFICE OPP. ASSAM SECRETARIAT
DISPUR GUWAHATI-06.
5:TARANI DEKA
CANTEEN BOY STATE BANK OF INDIA
A.T. ROAD BRNACH GUWAHATI-01.
6:TULSI DEKA
MESSENGER AND CANTEEN BOY
STATE BANK OF INDIA
SRB BAMUNIMAIDAM BRANCH
GUWAHATI
7:PRADIP BARUAH
CANTEEN BOY STATE BANK OF INDIA
MALIGAON BRANCH
GUWAHATI-11.
8:BIPUL CHOUDHURY
CANTEEN BOY STATE BANK OF INDIA
NEW GUWAHATI BRANCH.
9:RAMA PATHAK
CANTEEN BOY
STATE BANK OF INDIA
NEW GUWAHATI BRANCH
10:HARESWAR KALITA
CANTEEN BOY STATE BANK OF INDIA
NEW GUWAHATI BRANCH
11:NIKHIL KALITA
STORE KEEPER
STATE BANK OF INDIA
ZONAL OFFICE
GUWAHATI.
12:GANGA DEKA
STORE KEEPER
STATE BANK OF INDIA
ZONAL OFFICE
GUWAHATI
13:SARBESWAR SAIKIA
STORE KEEPER
STATE BANK OF INDIA
ZONAL OFFICE
GUWAHATI.
14:KHARGESWAR BANIA
STORE KEEPER
Page No.# 3/8
STATE BANK OF INDIA
INDIA ZONAL OFFICE
GUWAHATI.
15:KRISHNA BRAHMAN
MESSENGER
STATE BANK OF INDIA
LOCAL HEAD OFFICE
OPP. ASSAM SECRETARIAT
DISPUR
GUWAHATI-06.
16:HAREN SAHARIA
LOCAL HEAD OFFICE
STATE BANK OF INDIA
OPP. ASSAM SECRETARIAT
GUWAHATI -06
17:BIPUL MEDHI
LOCAL HEAD OFFICE
STATE BANK OF INDIA
OPP. ASSAM SECRETARIAT
GUWAHATI -06.
18:PRANAB KALITA
LOCAL HEAD OFFICE
STATE BANK OF INDIA
OPP. ASSAM SECRETARIAT
GUWAHATI -06.
19:GANESH HALOI
CANTEEN BOY
STATE BANK OF INDIA
GUWAHATI BRANCH.
20:PRADIP KUMAR HIRA
STORE KEEPER CUM MESSENGER
STATE BANK OF INDIA
LOCAL HEAD OFFICE
OPP. ASSAM SECRETARIAT
GUWAHATI -06 .
21:MUNINDRA DEKA
MESSENGER
STATE BANK OF INDIA
LOCAL HEAD OFFICE
OPP. ASSAM SECRETARIAT
GUWAHATI -06.
22:AJIT DAS
MESSENGER
STATE BANK OF INDIA
LOCAL HEAD OFFICE
OPP. ASSAM SECRETARIAT
GUWAHATI -06 .
23:UPEN DAS
Page No.# 4/8
CANTEEN BOY
STATE BANK OF INDIA
UNIVERSITY BRANCH
GUWAHATI .
24:HARAKANTA DAS
CANTEEN BOY
STATE BANK OF INDIA PBB GANESHGURI BRANCH.
25:BAPU PATHAK
CANTEEN BOY
STATE BANK OF INDIA
DADARA BRANCH
26:BASUDEB DAS
CANTEEN BOY
STATE BANK OF INDIA
AMINGAON BRANCH .
27:MADAN KALITA
MESSENGER
STATE BANK OF INDIA
WEST GUWAHATI BRANCH.
28:HITESH DAS
CANTEEN BOY
STATE BANK OF INDIA AIRPORT BRANCH
GUWAHATI.
29:DIPAK KALITA
STORE KEEPER
CDS
STATE BANK OF INDIA
NEW GUWAHATI BRANCH
BAMUNIMAIDAM.
30:TAPAN DEKA
STORE KEEPER
CDS
STATE BANK OF INDIA
NEW GUWAHATI BRANCH
BAMUNIMAIDAM.
31:JHANTU DE
STORE KEEPER
CDS
STATE BANK OF INDIA
NEW GUWAHATI BRANCH
BAMUNIMAIDAM.
32:HAREN SARMA
CANTEEN BOY
STATE BANK OF INDIA
GITA NAGAR BRANCH
GUWAHATI.
33:DINESH CH. DAS
CANTEEN BOY
Page No.# 5/8
STATE BANK OF INDIA
GRC BRANCH
GUWAHATI REFINERY.
34:NANDESWAR PATOWARI
CANTEEN BOY
STATE BANK OF INDIA
MADHGHORIA BRANCH GUWAHATI.
35:DIPUL DAS
CANTEEN BOY
STATE BANK OF INDIA
FANCY BAZAR BRANCH.
36:MANOJ DAS
CANTEEN BOY
STATE BANK OF INDIA
CHENIKUTHI
GUWAHATI -03
37:DHIREN DEKA
CANTEEN BOY
STATE BANK OF INDIA
CHENIKUTHI
GUWAHATI -03
38:ANIL BARMAN
CANTEEN BOY
STATE BANK OF INDIA
VINOBA NAGAR BRANCH
GUWAHATI.
39:KUMUD HALOI
CANTEEN BOY
STATE BANK OF INDIA
PAN BAZAR
GUWAHATI -01.
40:BHABESH DAS
CANTEEN BOY
STATE BANK OF INDIA
REHABARI BRANCH
GUWAHATI.
41:LAKSHADHAR DAS
CANTEEN BOY
STATE BANK OF INDIA
GARCHUK BRANCH
GUWAHATI.
42:TULEN CH. DAS
CANTEEN BOY
STATE BANK OF INDIA
CCPC
PAN BAZAR NEAR LAKHTOKIA
GUWAHATI -01.
43:BALEN DEKA
Page No.# 6/8
CANTEEN BOY
STATE BANK OF INDIA
CCPC
PAN BAZAR NEAR LAKHTOKIA
GUWAHATI-01.
44:KHAGEN DAS
MESSENGER
STATE BANK OF INDIA
WEST GUWAHATI BRANCH.
45:PRAHLAD DAS
CANTEEN BOY
STATE BANK OF INDIA
WEST GUWAHATI BRANCH.
46:RINKU DAS
CANTEEN BOY
STATE BANK OF INDIA
MIRZA BRANCH.
47:TAPAN DAS
CANTEEN BOY
STATE BANK OF INDIA
DHIRENPARA BRANCH
GUWAHATI.
------------
Advocate for : MR S S SHARMA
Advocate for : MR. M SAIKIA appearing for RATNESWAR KUMAR AND 46 ORS
-BEFORE-
HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 24-03-2021
(Sudhanshu Dhulia, CJ)
Heard Mr. S.S. Sharma, learned senior counsel for the writ
appellants. Also heard Mr. S. Borthakur, learned counsel, appearing for the
respondents in Writ Appeal No.222/2020 and Mr. M. Saikia, learned counsel,
appearing for the respondents in Writ Appeal No.45/2020.
The respondents are the writ petitioners before the learned Single
Judge. They had asked for regularisation of their services and for increase
Page No.# 7/8
of their wages. At the time of hearing of the matter, however, their claim for
regularisation of services was dropped by them and the only matter which
was there for consideration of the learned Single Judge was whether the
present wages they are getting were proper. The appellants/writ petitioners
are working as Canteen Boys, Messengers, etc. in the canteens which have
been run in various State Bank of India Branches in and around Guwahati.
The claim of the appellants/writ petitioners was opposed by the State Bank
of India on grounds that the appellants/writ petitioners are not the
employees of the Bank.
The learned Single Judge, vide judgment and order dated
26.09.2019, granted certain benefits to the appellants/writ petitioners,
operative portion of which reads as under:-
"9. In view of what has been stated above, and in the light of
the judgments passed in the two cases referred to by the learned
counsel of the petitioners, this Court is of the view that the wages
and salaries paid to the petitioners is too little and too meagre,
therefore, it is time for the SBI to ensure that they get at least a
wage or salary which would commensurate the service they render
and which would also enable them to live a life with dignity.
Though I would refrain from giving or fixing the amount to be paid,
I would say that at least they are paid at the rate of daily wages
determined by the Labour Department of the State which is revised
from time to time. The exercise should be completed within a
period of 5 months from the date of receipt of a copy of this
judgment and order."
Page No.# 8/8
This order has been challenged before this Court by the State Bank
of India in these two writ appeals.
We are of the considered view that as far as the main contention of
the appellants/writ petitioners for regularisation of their services had
already been dropped by them and, therefore, the consideration for the
learned Single Judge was only as to whether the wages being given to the
appellants/writ petitioners were proper or not.
We have been informed at the bar that the wages the
appellants/writ petitioners were getting is about Rs.10,000/- to Rs.12,000/-
per month, which were considered by the learned Single Judge to be too
meagre and what has been directed to be paid to them are the daily wages
as determined by the Labour Department of the State of Assam. We think it
to be a just and fair order. In fact during the course of argument, the
learned counsel for the appellants have also very fairly admitted that they
would not oppose if such a wages as determined by the Labour Department
are being given, provided if they are not already getting the same wages.
With the above observation, the writ appeals stand disposed of.
JUDGE CHIEF JUSTICE
Comparing Assistant
