Thrissur District Co-Operative Bank ... vs The Administrator
2024 Latest Caselaw 33555 Ker

Kerala High Court

Thrissur District Co-Operative Bank ... vs The Administrator on 21 November, 2024

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W.P.(C) No.20658 of 2017
                                                        2024:KER:87319

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

         THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946

                           WP(C) NO. 20658 OF 2017

PETITIONERS:

1             THRISSUR DISTRICT CO-OPERATIVE BANK
              TEMPORARY EMPLOYEES ASSOCIATION,
              THRISSUR-680001, REPRESENTED BY
              ITS PRESIDENT.
2             BASIL.K. ALIAS
              KAVUMPURATH HOUSE, SOUTH KONDAZHY POST,
              THRISSUR DISTRICT-679106.
3             VISHUNUDATHAN E.A
              ENGADI HOUSE, IRINGAPPURAM POST,
              THRISSUR-680103.
4             RAJEEV.T.M
              THONDAMPULLY MADATHIPARAMBIL,
              KAVEED POST, KOTTAPPADY,
              THRISSUR-680505.

              BY ADVS.
              SRI.GEORGE POONTHOTTAM
              SRI.RIJI RAJENDRAN

RESPONDENTS:

1             THE ADMINISTRATOR
              THRISSUR DISTRICT CO-OPERATIVE BANK,
              THRISSUR-680022.
2             THE GENERAL MANAGER
              THRISSUR DISTRICT CO-OPERATIVE BANK,
              THRISSUR-680022.

              BY ADV.
              SRI.P.C.SASIDHARAN, SC.
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W.P.(C) No.20658 of 2017
                                                              2024:KER:87319



       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.11.2024,        THE     COURT   ON   THE   SAME   DAY   DELIVERED    THE
FOLLOWING:
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W.P.(C) No.20658 of 2017
                                                           2024:KER:87319



                 HARISANKAR V. MENON, J.
         -------------------------------
                  W.P.(C) No.20658 of 2017
         -------------------------------
          Dated this the 21st day of November, 2024

                             JUDGMENT

The 1st petitioner is stated to be an Association of temporary

employees of the respondent Co-operative Bank. Petitioners 2 to

4 are stated to be the members of the 1st petitioner Association

and also temporarily engaged by the respondent Bank during 2013

and 2014. It may straightaway be clarified that the respondent

Bank is at present amalgamated with the Kerala State Co-

operative Bank.

2. The petitioners contend that, insofar as they were

being engaged by the District Co-operative Bank as above, the

steps taken by them for removing the petitioners and by absorbing

other temporary hands cannot be sustained. It is pointing out the

afore that the captioned writ petition is filed.

3. While admitting this writ petition, this Court on

21.06.2017, passed the following order;

"Standing Counsel takes notice for respondents 1 and 2. There will be a direction, not to terminate the service of the petitioners as per Ext.P1 list from the service of the 1st

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respondent Bank otherwise than by way of regular hands, for a period of one month."

However, the petitioners point out that the respondent Co-

operative Bank did not honour the afore interim order.

4. Heard the learned counsel for the petitioners and

Sri.P.C.Sasidharan, the learned Standing Counsel for the

respondent Bank.

5. The respondent Bank points out that, even before the

interim order was passed by this Court, the petitioners 2 to 4 were

terminated from their services, since the then Managing

Committee noticed that those petitioners were inducted without

any formal resolutions/orders.

6. This Court notices that, though the petitioners 2 to 4

claimed that they were being engaged as above, no formal orders

of engagement/appointment have been produced by the

respective petitioners. Similarly, a reference to the counter

affidavit filed by the 2nd respondent also shows that, according to

them, even the 1st petitioner Association was not a recognised

one. Furthermore, it is noticed that, at present, the appointments

in the State Co-operative Bank are being routed through the

Kerala Public Service Commission through proper advertisements.

In such circumstances, the petitioners cannot claim that they

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should be engaged on a temporary basis as was done during

2013/2014.

7. In such circumstances, I am of the opinion that the

petitioners are not entitled for the reliefs prayed for in this writ

petition.

Resultantly, this writ petition is dismissed.

Sd/-

HARISANKAR V. MENON JUDGE anm

2024:KER:87319

APPENDIX OF WP(C) 20658/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LIST OF THE TEMPORARY EMPLOYEES ENGAGED IN THE BANK.

EXHIBIT P2 TRUE COPY OF THE BANK STATEMENT OF THE 3RD PETITIONER EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 23.06.2017 PREFERRED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT ANNEXURES ANNEXURE R1(a) TRUE COPY OF THE RELEVANT PAGES OF ATTENDANCE REGISTER OF 2ND PETITIONER FOR THE YEAR 2017 ANNEXURE R1(b) THE TRUE COPY OF THE RELEVANT PAGES OF ATTENDANCE REGISTER OF THE 3RD PETITIONER FOR THE YEAR 2017 ANNEXURE R1(c) THE TRUE COPY OF THE RELEVANT PAGES OF ATTENDANCE REGISTER OF THE 4TH PETITIONER FOR THE YEAR 2017