Mohanan vs Indian Overseas Bank
2023 Latest Caselaw 1927 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                         WP(C) NO. 342 OF 2023
PETITIONERS:

     1     MOHANAN
           AGED 58 YEARS,S/O GOPALANACHARI,
           WORKING AS JEWEL APPRAISER INDIAN OVERSEAS BANK,
           THEVANUR BRANCH KOLLAM), PUTHEN VEEDU, AMBALAMUKKU,
           ELAMAD, KOLLAM, PIN - 691533
     2     PRASAD B
           AGED 48 YEARS, S/O BHASKARAN ACHARI,
           (WORKING AS JEWEL APPRAISER IN INDIAN OVERSEAS BANK,
           CHEMMAKKAD BRANCH KOLLAM), "PONNAMA SADANAM" CHONAMCHIRA,
           PERINAD P.O., PANAYAM KOLLAM, PIN - 691601
     3     P.K. RADHAKRISHNAN
           AGED 55 YEARS, S/O S. KUTTAPAN ACHARI,
           (WORKING AS JEWEL APPRAISER IN INDIAN OVERSEAS BANK,
           VETTIKAVALA BRANCH KOLLAM), "VADAKKEPARAMKIMAMVILA VEEDU"
           CHENGAMANADU. P.O, NOW RESIDING AT: KRISHNA MANGALAM,
           MELILA, CHENGAMANADU. JUNCTION, KOLLAM, PIN - 691557
     4     P. SASIKUMAR
           AGED 51 YEARS, S/O R. PONNAPAN ACHARI,
           (WORKING AS JEWEL APPRAISER IN INDIAN OVERSEAS BANK,
           EZHUKONE BRANCH KOLLAM), "METHANATHU VEEDU" MANGAD. P.O
           KOLLAM, PIN - 691015
     5     N. ANIL KUMAR
           AGED 54 YEARS, S/O M. NADARAJAN ACHARI,
           (WORKING AS JEWEL APPRAISER IN INDIAN OVERSEAS BANK,
           THANKASSERI BRANCH KOLLAM), "CHALLIKUZHI" PURAYIDAM,
           VADAYATTUKOTTA, KOLLAM, PIN - 691001
     6     VIDHYADHARAN
           AGED 55 YEARS, S/O GOPALAN ACHARI,
           (WORKING AS JEWEL APPRAISER IN INDIAN OVERSEAS BANK,
           KILIMANNOR BRANCH,THIRUVANANTHAPURAM), "SREESIVAN"
           AGASTHIANCODU, ANCHAL KOLLAM, PIN - 691306
     7     ANAND T.N
           AGED 35 YEARS
           S/O THANKAPAN ACHARI,
           (WORKING AS JEWEL APPRAISER IN INDIAN OVERSEAS BANK,
           SARKARA BRANCH,THIRUVANANTHAPURAM),
           "VALLI VIHAR" NAGAROOR, ALTHARAMOODU P.O.
           THIRUVANATHAPURAM, PIN - 695102
     8     MURALIDHARAN
           AGED 59 YEARS, S/O K. GOPALAN ACHARI,
           (WORKING AS JEWEL APPRAISER IN INDIAN OVERSEAS BANK,
           KARINGANNUR BRANCH, KOLLAM), "ATHIRA BHAVAN" VELINALLOOR,
 W.P.(C) No.342 of 2023
                                   2


            KOLLAM, PIN - 691516
     9      C. VENUGOPAL
            AGED 55 YEARS, S/O CHELLAPAN ACHARI,
            (WORKING AS JEWEL APPRAISER IN INDIAN OVERSEAS BANK,
            VENJARAMOODU BRANCH, THIRUVANANTHAPURAM), "GOPIKA"
            KAVUVILLA, POTHENCODE P.O. THIRUVANANTHAPURAM, PIN -
            695584
            BY ADV THIRUMALA P.K.MANI


RESPONDENTS:

     1      INDIAN OVERSEAS BANK
            MANAGING DIRECTOR AND CEO 763,
            ANNA SALAI, CHENNAI, TAMIL NADU, PIN - 600002
     2      REGIONAL MANAGER
            INDIAN OVERSEAS BANK, REGIONAL OFFICE, M.G ROAD,
            PULIMOODU, PALAYAM, THIRUVANANTHAPURAM, PIN - 695001
     3      THE MANAGER
            INDIAN OVERSEAS BANK THEVANUR BRANCH,
            117 AMBALAMUKKU THEVANNUR AYUR THEVANNUR,
            KOLLAM, PIN - 691533
     4      THE MANAGER
            INDIAN OVERSEAS BANK, CHEMMAKKAD BRANCH,
            KAYALVARATHU BUILDINGS, CHEMMAKKAD,
            KOLLAM, PIN - 691603
     5      THE MANAGER
            INDIAN OVERSEAS BANK, VETTIKAVALA BRANCH CHARUVILAYIL
            BUILDINGS, CHENGAMANADU P.O. KOTTARAKARA,
            VETTIKAVALA KOLLAM, PIN - 691538
     6      THE MANAGER
            INDIAN OVERSEAS BANK,
            EZHUKONE BRANCH PANCHAYAT BUILDINGS,
            EZHUKONE, KOLLAM, PIN - 691505
     7      THE MANAGER
            INDIAN OVERSEAS BANK, THANKASSERI BRANCH XXXI/1040/210B,
            SHANTHI BUILDING, KAVAL JUNCTION, KOLLAM THANGASSERY RD,
            THANGASSERY, KOLLAM, PIN - 691007
     8      THE MANAGER
            INDIAN OVERSEAS BANK, KILIMANNOR BRANCH,
            GROUND FLOOR - LEFT SIDE, PAZHAYAKUNNIMELA PANCHAYAT,
            OPP. TOWN HALL, KILIMANOOR,
            TRIVANDRUM, PIN - 695601
     9      THE MANAGER
            INDIAN OVERSEAS BANK,
            SARKARA BRANCH, CP5 BY 866A, VALIYAKADA, SARKARA,
            CHIRAYINKIL, THIRUVANANTHAPURAM, PIN - 695304
     10     THE MANAGER
            INDIAN OVERSEAS BANK, KARINGANNUR BRANCH ATHIRA
 W.P.(C) No.342 of 2023
                                         3


             KARINGANNUR, OYOOR, CHADAYAMANGALAM BLOCK, KARINGANNUR,
             KOLLAM, PIN - 691510
     11      THE MANAGER
             INDIAN OVERSEAS BANK,
             VENJARAMOODU BRANCH 424 BY 21 GROUND FLOOR,
             ATHULYA BUILDINGS, VENJARAMOODU,
             THIRUVANATHAPURAM, PIN - 695607
             BY ADV SRI.SUNIL SHANKAR, SC, INDIAN OVERSEAS BANK



      THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.342 of 2023
                                           4



                                 JUDGMENT

Dated this the 3rd day of February, 2023

This writ petition is filed by the petitioner seeking the

following reliefs:

i. Issue an appropriate writ or order restraining the Respondents from transferring the Petitioners from their respective branches of the Indian Overseas Bank to any other branches of the 1st and 2nd respondents. ii. Issue an appropriate writ or order directing the Respondents to retain the Petitioners in their respective branch of the Indian Overseas Bank.

iii. Such other reliefs as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case iv. To dispense with the English translation of the Vernacular document.

2. Today when the matter is taken up, the learned

counsel for the petitioner Sri.Thirumala P.K Mani seeks

permission to withdraw the writ petition.

Therefore, the writ petition is dismissed as withdrawn.

Sd/-

SHAJI P. CHALY

JUDGE

AP W.P.(C) No.342 of 2023

APPENDIX OF WP(C) 342/2023

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE APPOINTMENT LETTER DATED 26.07.1990 ISSUED BY THE 2ND RESPONDENT APPOINTING THE 1ST PETITIONER AS JEWEL APPRAISER IN THE 3RD RESPONDENT BANK Exhibit P2 TRUE PHOTOCOPY OF THE ENGAGEMENT LETTER DATED 27.10.2007 ENGAGING THE 2ND PETITIONER AS JEWEL APPRAISER IN THE 4TH RESPONDENT BANK Exhibit P3 TRUE PHOTOCOPY OF THE APPOINTMENT LETTER DATED 19.01.1994 APPOINTING THE 3RD PETITIONER AS JEWEL APPRAISER UNDER THE 5TH RESPONDENT BANK Exhibit P4 TRUE PHOTOCOPY OF THE ENGAGEMENT LETTER DATED 15.01.2014 ISSUED FROM THE 2ND RESPONDENT BANK AND SIGNED BY THE CHIEF MANAGER ENGAGING HIM IN THE KOTTARAKARA BRANCH OF IOB Exhibit P5 TRUE PHOTOCOPY OF THE ENGAGEMENT LETTER DATED 28.11.2007 APPOINTING THE 5TH PETITIONER AS JEWEL APPRAISER IN THE 7TH RESPONDENT BANK Exhibit P6 TRUE PHOTOCOPY OF THE ENGAGEMENT LETTER DATED NIL ISSUED BY THE 8TH RESPONDENT APPOINTING THE 6TH PETITIONER AS JEWEL APPRAISER Exhibit P7 TRUE PHOTOCOPY OF THE ENGAGEMENT LETTER DATED 01.11.2017 ENGAGING THE 7TH PETITIONER AS JEWEL APPRAISER IN THE 9TH RESPONDENT BANK Exhibit P8 TRUE PHOTOCOPY OF THE LETTER DATED 31.11.2022 PROPOSING TO TRANSFER THE 9TH PETITIONER FROM THE 11TH RESPONDENT BANK TO THE INDIAN OVERSEAS BANK, KALLARA BRANCH ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT AND SIGNED BY THE CHIEF MANAGER Exhibit P9 TRUE COPY OF THE STAY ORDER DATED 16.11.2022 PASSED BY THE MADURAI BENCH OF MADRAS HIGH COURT Exhibit P10 TRUE PHOTOCOPY OF THE FINAL COMMON ORDER DATED 29.11.2022 PASSED BY THE MADURA BENCH OF MADRAS HIGH COURT Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 28.11.2022 SUBMITTED BY THE STATE COMMITTEE OF TAMIL VISHWAKARMA SAMOOHAM Exhibit P12 TRUE PHOTOCOPY OF THE JUDGMENT DATED 10.03.2006 IN INDIAN OVERSEAS BANK VS. WORKMAN PASSED BY THE SUPREME COURT OF INDIA