Kerala High Court
Sindu K.K vs Industrial Development Bank Of India on 12 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 38094 OF 2017
PETITIONER:
SINDU K.K.
AGED 42 YEARS, W/O REJI, KALAPURACKAL HOUSE,
VADAVATHOOR P.O., PIN- 686 010, KOTTAYAM DIST.
BY ADV SRI.U.R.HARSHAKUMAR
RESPONDENTS:
1 INDUSTRIAL DEVELOPMENT BANK OF INDIA
REP. BY ITS CHAIRMAN & MANAGING DIRECTOR IDBI
BANK LTD, IDBI TOWER, WTC COMPLEX, CUFFE PARADE,
COLABA, MUMBAI- 400005.
2 THE REGIONAL MANAGER
INDUSRIAL DEVELOPMENT BANK OF INDIA,
REGIONAL OFFICE, PANAMPILLY NAGAR,
KOCHI- 672 015, DISTRICT INDUSTRIES CENTRE,
KOTTAYAM, PIN- 682 015.
3 INDUSTRIAL DEVELOPMENT BANK OF INDIA
KANJIKKUZHY BRANCH, REP. BY ITS MANAGER,KOTTAYAM,
PIN- 686 004.
4 M/S UMA EMPRISES
XL1/3454 LENTHAPARAMBIL, PROVIDENCE ROAD,
ERNAKULAM-18.
5 THE DISTRICT LABOUR OFFICER
KOTTAYAM, COLLECTORATE P.O., KOTTAYAM- 686 033.
BY ADVS.SRI.ANIL S.RAJ
SMT.LIGEY ANTONY
SMT.ANILA PETER
SRI.N.S.MOHANDAS
SMT.K.N.RAJANI
SRI.RADHIKA RAJASEKHARAN P.
SRI.T.S.SUMSON
SRI.S.SUDHEESH
SRI.SAJEN THAMPAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.38094 of 2017
2
S. MANU, J.
----------------------------------------------------
W.P.(C)No.38094 of 2017
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Dated this the 12th day of June, 2024
JUDGMENT
The case projected by the writ petitioner is as follows:-
The petitioner joined service as House Keeper in
the Kanjikuzhy branch of the 1st respondent Bank through
the 4th respondent agency. Initially, she was getting
monthly salary at the rate of Rs.400/-. The same was
enhanced from time to time and the salary at the time of
filing the writ petition was Rs.8,500/-. Though the nature of
the engagement is casual/daily wages basis, she continued
for 14 years and hence claims that she is entitled for
regularisation in service. The writ petition was filed when
the 3rd respondent informed her that she need not attend
the job after 30.11.2017. She submitted a complaint dated
20.11.2017 to the 2nd respondent. Ext.P4 complaint was
submitted to the 5th respondent/District Labour Officer.
2. No interim order was passed by this Court at the
time of admission or at any later point of time restraining
the termination of the petitioner.
3. The 3rd respondent has filed a counter affidavit.
Contentions of the 3rd respondent are as follows:-
The petitioner is neither a direct employee of
the 3rd respondent nor has any contractual relationship with
the 3rd respondent. Fourth respondent agency has entered
into a contractual arrangement with the Bank for supplying
manpower resources for housekeeping/facility management
services. The agreement between the respondents 3 and 4
dated 1.12.2017 has been produced with the counter
affidavit marked as Ext.R1(a).
4. The case of the respondent Bank is that the
petitioner was engaged by the 4th respondent, an agency
providing manpower services and engagement as well as
disengagement of such employees is a matter between the
agency and the employee concerned. Ext.R1(a) supports
the case projected by the Bank in its counter affidavit.
Therefore, no direction can be issued to respondents 1 to 3
to keep the petitioner in service as prayed for in the writ
petition. No employee-employer relationship existed
between the petitioner and the respondent Bank. However,
if the petitioner has any right under the Labour Laws she
will be free to pursue the remedies available under such
laws. Observations in this judgment are only for the
purpose of deciding the writ petition and the same shall not
cause any prejudice to the petitioner in case she pursues
remedies, if available under the Labour Laws.
The writ petition is disposed of with the above
observations.
Sd/-
S.MANU,
JUDGE
skj
APPENDIX OF WP(C) 38094/2017
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE IDENTITY CARD
ISSUED TO THE PETITIONER BY THE 4TH
RESPONDENT
EXHIBIT P2 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF
THE PASS BOOK ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P3 TRUE PHOTOCOPY OF THE REPRESENTATION DTD
20-11-2017 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
EXHIBIT P3(a) TRUE PHOTOCOPY OF THE POSTAL RECEIPT IN
RESPECT OF EXT.P3 REPRESENTATION
EXHIBIT P4 TRUE PHOTOCOPY OF THE COMPLAINT
SUBMITTED BY THE PETITIONER BEFORE THE
5TH RESPONDENT
