Anoop.A vs Punjab National Bank
2021 Latest Caselaw 5316 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                         WP(C).No.3843 OF 2021


PETITIONERS:

      1        ANOOP.A
               AGED 31 YEARS
               PART TIME SWEEPER, PUNJAB NATIONAL BANK,
               KAIPATHI BRANCH, PALAKKAD - 678003

      2        REESHMA P.P
               PART TIME SWEEPER, PUNJAB NATIONAL BANK,
               CURRENCY CHEST BRANCH, CALICUT - 673001.

      3        PRAVEEN M
               PART TIME SWEEPER, PUNJAB NATIONAL BANK, NURANI
               BRANCH, PALAKKAD - 678004.

      4        SIRAJUDHEEN K
               PART TIME SWEEPER, PUNJAB NATIONAL BANK,
               ERAMANGALAM BRANCH, MALAPPURAM - 679587.

      5        RINEESH P
               PART TIME SWEEPER, PUNJAB NATIONAL BANK,
               NILAMBUR BRANCH, MALAPPURAM - 679329.

      6        VINEET A.P
               PUNJAB NATIONAL BANK,
               NADAKKAVU BRANCH, CALICUT - 673011,

      7        VIMAL DAS
               PUNJAB NATIONAL BANK, VAZHAKKAD BRANCH,
               MALAPPURAM - 673640.

      8        BIJESH P
               PUNJAB NATIONAL BANK, ERANHIPALAM BRANCH, P.O,
               NADAKKAVU, CALICUT - 673006.

               BY ADVS.
               SRI.KALEESWARAM RAJ
               SRI.VARUN C.VIJAY
               SMT.MAITREYI SACHIDANANDA HEGDE
               SMT.MINU VITTOORRIA PAULSON
 WP(C).No.3843 OF 2021

                                 2

RESPONDENTS:

       1       PUNJAB NATIONAL BANK
               REPRESENTED BY CHAIRMAN AND MANAGING DIRECTOR,
               PUNJAB NATIONAL BANK, NEW DELHI - 110001.

       2       CHAIRMAN AND MANAGING DIRECTOR
               PUNJAB NATIONAL BANK, NEW DELHI - 110001.

       3       THE GENERAL MANAGER
               PUNJAB NATIONAL BANK, HUMAN RESOURCES DIVISION,
               CORPORATE OFFICE, PLOT NO. 4, SECTOR 10,
               NEW DELHI - 110075.

       4       CIRCLE HEAD(ERNAKULAM)
               PUNJAB NATIONAL BANK, CIRCLE OFFICE, 40/1461,
               MARKET ROAD, ERNAKULAM - 682011.

       5       CIRCLE HEAD(THIRUVANANTHAPURAM)
               PUNJAB NATIONAL BANK, CIRCLE OFFICE,
               VAISHNAVI TOWER, BYPASS ROAD, KUMARICHANTHA,
               AMBALATHARA P.O, THIRUVANANTHAPURAM - 685026.

       6       CIRCLE HEAD(KOZHIKODE)
               PUNJAB NATIONAL BANK, MINI BYPASS ROAD,
               GOVINDAPURAM P.O, KOZHIKODE - 673016.

               SRI.SANTHEEP ANKARATH, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3843 OF 2021

                                           3



                                  JUDGMENT

Dated this the 15th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) To issue a writ of certiorari quashing Ext. P1 to the extent to which it does not contain provisions providing for sufficient promotional avenues to the part time sweepers to the post of Full Time Sweeper/Peon and for equal wages and to the extent to which it puts the petitioners in a different footing from the employees absorbed from the Bank of India and the Oriental bank of commerce;

ii) To declare that the petitioners are entitled to be treated in par with the employees absorbed from the Bank of India and the Oriental bank of commerce in terms of payment of wages, promotional avenues and other service conditions;

iii) To issue a writ of mandamus directing the 2nd respondent to frame a uniform scheme for the petitioners and similarly situated persons and for the employees absorbed from the Bank of India and the Oriental bank of commerce with respect to payment of wages, promotional avenues and other service conditions;

iv) To issue a writ of mandamus directing the respondents to refrain from appointing daily waged hands as part time sweeper in the establishments where the petitioners are working and where they are willing to work;

v) To issue a writ of mandamus directing the respondents to keep in abeyance the selection and the appointment based on Exts.P3, P4 and P5 till orders are issued by the 2 nd respondent removing the disparity in service conditions including wages and promotion avenues between the part time sweepers like the petitioners who are working in the Punjab National Bank and the part time sweepers absorbed from the Bank of India and the Oriental bank of commerce;

WP(C).No.3843 OF 2021

vi) To issue a writ of mandamus directing the 2 nd respondent to consider and pass orders in Ext. P6 prior to finalization of selection process initiated vide Exts. P3, P4 and P5;"

2. Heard the learned counsel for the petitioners and the learned

standing counsel appearing for the respondent-Bank.

3. It is submitted by the learned counsel for the petitioners that the

petitioners are presently working as Part Time Sweepers in the

respondent-Bank. It is submitted that they are governed by Ext.P1

scheme with regard to appointments to the posts of Full Time

Sweepers and Peons. It is further submitted that the United Bank of

India and the Oriental Bank of Commerce have merged with the

Punjab National Bank with effect from 01.04.2020 and that the

employees of the two banks are also treated as employees of the

Punjab National Bank pursuant to the merger.

4. It is further submitted that there is discrimination in promotion

and wages among the Part Time Sweepers, who were in service in the

Punjab National Bank and the Part Time Sweepers, who have come

over from the other banks. It is further contended that Ext.P6

representation has been submitted by the petitioners before the 2 nd WP(C).No.3843 OF 2021

respondent and that the grievance of the petitioners is liable to be

taken into account before the selection exercise initiated by Exts.P3,

P4 and P5 notifications are finalized.

5. The learned standing counsel appearing for the respondent-

Bank submits that Ext.P6 representation of the petitioners will be

considered in accordance with law. It is further stated that the

documents produced would show that notifications have only been

invited for appointment of Peons in the various circles in the Punjab

National Bank and that no discrimination is being meted out to the

petitioners.

6. In any view of the matter, since Ext.P6 representation is pending

before the 2nd respondent, I am of the opinion that it is for the 2 nd

respondent to take an appropriate decision on the same before the

selections notified as per Exts.P3 to P5 are finalized.

7. In the above view of the matter, there will be a direction to the

2nd respondent to take up, consider and pass appropriate orders on

Ext.P6 representation preferred by the petitioners, with notice to the

petitioners and after hearing them through any appropriate means WP(C).No.3843 OF 2021

including by video conferencing, within a period of six weeks from the

date of receipt of a copy of this judgment. The contentions of the

petitioners are left open.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.3843 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF POSTING AND FIXATION OF WAGES OF PART TIME EMPLOYEES SWEEPERS IN THE SUBORDINATE CADRE AND RELATED MATTER IS AS PER MOU WITH AIPNBEF DATED 07.05.1984.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE THE FIRST PETITIONER DATED 23.11.20.

EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED 02.02.2021 ISSUED BY THE HR DEPARTMENT OF KOZHIKODE CIRCLE.

EXHIBIT P4 TRUE COPY OF THE NOTIFICATION DATED 02.02.2021 ISSUED BY THE HR DEPARTMENT OF THIRUVANANTHAPURAM CIRCLE.

EXHIBIT P5 TRUE COPY OF THE NOTIFICATION DATED 09.02.2021 ISSUED BY THE HR DEPARTMENT OF ERNAKULAM CIRCLE.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 10.02.2021.

RESPONDENT'S/S EXHIBITS: NIL