Kerala High Court
Sajani Tresa Joseph vs Reserve Bank Of India on 15 January, 2025
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WP(C) Nos.29727 of 2019 and 12887 of 2019
2025:KER:2804
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 15TH DAY OF JANUARY 2025 / 25TH POUSHA, 1946
WP(C) NO. 29727 OF 2019
PETITIONER:
MATHEWS K.D
AGED 58 YEARS, S/O.DEVASSY.K.M,
KARIATTI VILLA, PARAVATTANI, CHRISTIAN STREET,
P.O.JUBILEE MISSION, THRISSUR DISTRICT-680005
BY ADVS.
RAJIT
PARVATHY MANOJ
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
FINANCIAL SERVICE, NEW DELHI-110001
2 THE RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR, NEW CENTRAL
OFFICE BUILDING, SHAHID BHAGAT SINGH ROAD,
FORT, MUMABI-400001
3 THE CATHOLIC SYRIAN BANK LTD
REPRESENTED BY ITS MANAGING DIRECTOR,
CSB BHAVAN, ST.MARYS COLLEGE ROAD,
THRISSUR-680020
4 THE CHAIRMAN
CATHOLIC SYRIAN BANK LTD, CSB BHAVAN,
ST.MARYS COLLEGE ROAD, THRISSUR-680020
5 CHIEF EXECUIVE OFFICER
INDIAN BANKS ASSOCIATION (I.B.A) WORLD TRADE
CENTRE COMPLEX, CENTRE-1, 6TH FLOOR,
CUFFE PARADE, MUMBAI-40005
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WP(C) Nos.29727 of 2019 and 12887 of 2019
2025:KER:2804
6 CHIEF LABOUR COMMISSIONER (CENTRAL),
4TH FLOOR, JEWEVAN DEEP BUILDING,
PARLIAMENT STREET, NEW DELHI-110001
7 GEETHA SUNNY PALLAN
KANATTU HOSUE, KONTHURUTHY,
THEVARA.P.O, KOCHI-682013
8 ADDL.R8
CATHOLIC SYRIAN BANK OFFICERS ASSOCIATION
REGISTRATION NO. 8-26/1998, REGISTERED OFFICE
AT 26/455, MUSEUM ROAD, THRISSUR, PIN - 680020,
KERALA, REPRESENTED BY ITS GENERAL SECRETARY,
SHRI LATHEESH KUMAR
(ADDL.R8 IS IMPLEADED AS PER ORDER DATED
09.01.2025 IN I.A 1/19 IN WP(C) 29727/2019.)
BY ADVS.
SRI.P.VIJAYAKUMAR, ASG OF INDIA
SMT.LATHA ANAND
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.M.N.RADHAKRISHNA MENON
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.01.2025, ALONG WITH WP(C).12887/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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WP(C) Nos.29727 of 2019 and 12887 of 2019
2025:KER:2804
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 15TH DAY OF JANUARY 2025 / 25TH POUSHA, 1946
WP(C) NO. 12887 OF 2019
PETITIONER:
SAJANI TRESA JOSEPH
AGED 32 YEARS, BRANCH MANAGER, CATHOLIC SYRIAN
BANK LTD, KUMBANAD BRANCH, RESIDING AT PALATHARA
HOUSE, THATHAMPALLY.P.O, ALAPUZHA-688013.
BY ADV.
SRI.S.KRISHNAMOORTHY
RESPONDENTS:
1 RESERVE BANK OF INDIA
REPRESENTED BY ITS DIRECTOR,
NEW CENTRAL OFFICE BUILDING, SHAHID
BHAGAT SINGH ROAD, FORT, MUMBAI-400001.
2 THE CATHOLIC SYRIAN BANK LTD
REPRESENTED BY MANAGING DIRECTOR,
CSB BHAVAN, ST.MARY'S COLLEGE ROAD,
TRISSUR-680020.
3 C.V.RAJENRAN,
MANAGING DIRECTOR AND CEO, THE CATHOLIC SYRIAN
BANK LTD, REPRESENTED BY MANAGING DIRECTOR, CSB
BHAVAN, ST.MARY'S COLLEGE ROAD, TRISSUR-680020.
BY ADVS.
SMT.LATHA ANAND
SRI.K.R.PRAMOTH KUMAR(P-350)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.01.2025, ALONG WITH WP(C).29727/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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WP(C) Nos.29727 of 2019 and 12887 of 2019
2025:KER:2804
HARISANKAR V. MENON, J.
------------------------------
W.P.(C) Nos.29727 of 2019 and 12887 of 2019
------------------------------
Dated this the 15th day of January, 2025
JUDGMENT
These two writ petitions have been filed by various
employees of the Catholic Syrian Bank, challenging the circular
issued by the said Bank, by which the retirement of its
employees is refixed from 60 years to 58 years.
2. I have heard the learned counsel for the petitioners
in these two cases and the learned counsel for the Catholic
Syrian Bank.
3. I notice that the challenge in these writ petitions is
with respect to the reduction of the age of retirement to 58
years through the Circular issued. The contention raised in
these writ petitions is essentially two-fold. First of all, the
petitioners contend that the retirement age was fixed at the age
of 60 years, by making appropriate amendments to the Service
Rules and hence subsequently, the same cannot be reduced to
58 years through a Circular issued by the Bank. Secondly, they
contend that, it is a policy decision made by the Bank, even
WP(C) Nos.29727 of 2019 and 12887 of 2019
2025:KER:2804
without hearing the petitioners, and hence the same cannot be
sustained.
4. However, I notice that the first question to be
considered is as to whether a writ petition itself can be filed
against the 2nd respondent herein, with respect to the challenge
with regard to the reduction in the age of retirement.
5. I notice the judgment of the Apex Court in Federal
Bank Ltd. v. Sagar Thomas and Others, [AIR 2003 SC
4325], wherein the Apex Court has held that, no writ is
maintainable against a private company like the Catholic Syrian
Bank herein, even if the same is carrying on banking business
in its capacity as a schedule bank. In the afore activities, the
Catholic Syrian Bank is not extending any public duty.
6. In the light of the afore, I am of the opinion that the
petitioners may not be entitled to maintain these writ petitions.
Resultantly, these writ petitions would stand dismissed.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
WP(C) Nos.29727 of 2019 and 12887 of 2019
2025:KER:2804
APPENDIX OF WP(C) 29727/2019
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LETTER NO.S/R-
3887/2019 DATED 31.05.2019
EXHIBIT P2 A TRUE COPY OF THE CIRCULAR DATED
12.08.1986
EXHIBIT P2(a) A TRUE COPY OF THE CIRUCLAR NUMBER
41/94/BC/S-11 DATED 10.2.1994, ALONG WITH
THE OFFICER EMPLOYEES) CONDUCT)
REGULATIONS, AND OFFICER EMPLOYEES'
(DISCIPLINE AND APPEAL) REGULATIONS
EXHIBIT P2(b) A TRUE COPY OF THE ABOVE CATHOLIC SYRIAN
BANK LIMITED EMPLOYEE'S) PENSION
REGUALATION) DATED 21.12.1995
EXHIBIT P3 A TRUE COPY OF THE ABOVE CIRCULAR
NO.124/2016/BC/S-22 DATED 07.07.2016
EXHIBIT P4 A TRUE COPY OF THE CIRCULAR
NO.5/2019/BC/S-3 DATED 21.01.2019
EXHIBIT P5 A TRUE COPY OF THE LETTER DATED
24.01.2019 SENT BY THE PETITIONER TO THE
3RD RESPONDENT BANK
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER DATED 24.01.2019
EXHIBIT P7 A TRUE COPY OF THE ABOVE LETTER BEARING
NO.GS/LM/34/2017-19, DATED 24.01.2019
EXHIBIT P8 A TRUE COPY OF THE NOTICE DATED
11.04.2019 ADDRESSED TO THE MANAGEMENT OF
THE 3RD RESPONDENT
EXHIBIT P9 A TRUE COPY OF THE ABOVE REPRESENTATION
BEARING NO.AIBOC/2019/08 DATED
22.01.2019
EXHIBIT P10 A TRUE COPY OF THE ABOVE REPRESENTATION
BEARING NO.AIBOC/2019/23 DATED
15.02.2019
EXHIBIT P11 A TRUE COPY OF THE ABOVE REPRESENTATION
BEARING NO.AIBOC/2019/25 DATED
19.02.2019
WP(C) Nos.29727 of 2019 and 12887 of 2019
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EXHIBIT P12 A TRUE COPY OF THE CIRCULAR
NO.23/2019/BC/S-10 DATED 01.03.2019
EXHIBIT P13 A TRUE COPY OF THE MEMO DATED 13.3.2019
SHOWING THE RETIREMENT OF THE 7TH
RESPONDENT
EXHIBIT P14 TRUE COPY OF THE REAPPOINTMENT ORDER OF
THE 7TH RESPONDENT DATED 13.05.2019
EXHIBIT P14(a) A TRUE COPY OF THE LIST OF OFFICERS WHO
RETIRED FROM THE 3RD RESPONDENT BANK ON
COMPLETION OF 58 YEARS, 60 YEARS, AND
OFFICERS RETIRED ON COMPLETION OF 60
YEARS FROM THE BANKS WHO WERE AGAIN
REAPPOINTED
EXHIBIT P15 TRUE COPY OF THE PUBLIC SECTOR BANKS AND
PRIVATE SECTOR BANKS UNDER THE 5TH
RESPONDENT
RESPONDENTS' EXHIBITS
EXHIBIT R8(A) TRUE COPY OF THE PETITIONER'S CERTIFICATE
OF REGISTRATION UNDER THE TRADE UNIONS
ACT, 1926 DATED 19.05.1998.
WP(C) Nos.29727 of 2019 and 12887 of 2019
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APPENDIX OF WP(C) 12887/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CIRCULAR NO.220/86/BC/
S.24 DT 12.8.1986 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE TRUE COPY OF THE SAID
CIRCULAR NO.5/19/BC/S3 DT 21.1.2019.
