Madras High Court
M/S.Canara Bank Jewel Appraisers ... vs Canara Bank on 22 June, 2022
W.P.No.5920 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.5920 of 2019
and
W.M.P.Nos.6751 & 6753 of 2019
M/s.Canara Bank Jewel Appraisers Association
rep. By its Hon'ble Chairman,
No.109, LKC Nagar, S.R.G.Road,
Vellakovil – 638 111, Tiruppur District.
Rep. By its General Secretary,
Mr.R.Rathinasamy ..Petitioner
Vs.
1.Canara Bank,
Agriculture Policy & Information Section
Priority Credit & Financial Inclusion Wing,
Bangalore – 560 002.
2.Canara Bank,
Circle Office,
No.524, Anna Salai,
Teynampet, Chennai – 600 018.
3.The Branch manager,
Canara Bank, TSR Big Street,
Kumbakonam, Tanjore District.
4.The Branch Manager,
Canara Bank, 360 A – Main Road,
Aaduthurai, Tanjore District.
1/10
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W.P.No.5920 of 2019
5.The Branch Manager,
Canara Bank, 22 – Karur Main Road,
Kolathupalayam – Tiruppur District.
6.The Branch Manager,
Canara Bank, MK Complex,
Kallimandayam – Dindigul District.
7.The Branch Manager,
Canara Bank, Peralam Branch,
Thiruvarur District.
8.The Branch Manager,
Canara Bank, Athirampattinam Branch,
Tanjore District – 614 701.
9.The Branch Manager,
Canara Bank, Perambalur Branch,
Perambalur District – 621 212.
10.The Branch Manager,
Canara Bank, Thandalai Branch,
Ariyalur District – 621 803.
11.The Branch Manager,
Canara Bank, Jayankondam Branch,
Ariyalur District – 612 101.
12.The Branch Manager,
Canara Bank, Thiruneelakudi Branch,
Tanjore District – 612 101.
13.The Branch Manager,
Canara Bank, Thiruvarur Branch,
Thiruvarur District.
2/10
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W.P.No.5920 of 2019
14.The Branch Manager,
Canara Bank, Ariyalur Branch,
Ariyalur District.
15.The Branch Manager,
Canara Bank, Thirumazhapady Branch,
Ariyalur District.
16.The Branch manager,
Canara Bank, Peravoorni Branch,
Tanjore District - 614 804.
17.The Branch Manager,
Canara Bank, Mannarkudy Branch,
Thiruvarur District – 614 717.
18.The Branch Manager,
Canara Bank, Eravankudy Branch,
Ariyalur District.
19.The Branch Manager,
Canara bank, Kollapuram Branch,
Thiruvarur District.
20.The Branch Manager,
Canara Bank, Vellore Branch,
Vellore District – 632 001.
21.The Branch Manager,
Canara Bank, Thiyagarajapuram Branch,
Vellore District – 632 009.
22.The Branch Manager,
Canara Bank, Thuraiyur Branch,
Thuraiyur District – 621 010.
3/10
https://www.mhc.tn.gov.in/judis
W.P.No.5920 of 2019
23.The Branch Manager,
Canara Bank, Virunchipuram Branch,
Vellore District.
24.The Branch Manager,
Canara Bank, Vaikuntham Branch,
Salem District – 637103.
25.The Branch Manager,
Canara Bank, Sanarpatti Branch,
Dindigul District. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Declaration, declaring that the impugned
Circular No.244/2018 dated 21.04.2018 or of the 1st respondent is
unenforceable in law or any other guidelines relating to the services of Jewel
Appraiser engaged on contractual basis without amending the individual
contract of employment and same is opposed to public policy.
For Petitioner : Mr.M.Sriram
For Respondents : Mr.T.Ravichandran
ORDER
The prayer in the Writ Petition is as follows:-
“to declare that the impugned Circular
No.244/2018 dated 21.04.2018 or of the 1st respondent is
unenforceable in law or any other guidelines relating to the
https://www.mhc.tn.gov.in/judis
W.P.No.5920 of 2019
services of Jewel Appraiser engaged on contractual basis
without amending the individual contract of employment and
same is opposed to public policy.”
2. The grievance of the petitioner / Association is that the
impugned circular is beyond the powers of the respondent / Bank, since the
relationship between the members of the petitioner Association and the
respondent / Bank is governed by individual contracts.
3.It is the contention of Mr.M.Sriram, learned counsel for the
petitioner that the Bank cannot unilaterally alter the terms of the contract
between the parties.
4.The learned counsel for the respondent would submit that the
issue is no longer res-integra and the same is covered by a decision of the
Hon'ble Division of the Kerela High Court wherein, the very Association was
the petitioner. The Writ Petition was dismissed by the learned Single Judge
and the said decision was confirmed by the Division Bench in Canara Bank
Jewel Appraisers and Another Vs. Canara Bank and Another reported in
2019 SCC Online Ker 935.
https://www.mhc.tn.gov.in/judis
W.P.No.5920 of 2019
5.Though from the judgment in the appeal, it could be seen that
appeal was dismissed at the admission stage itself, the judgment of the
single Judge of the Kerela High Court reported in MANU/KE/3514/2018
has gone into the issue in detail and it has been held that the circular issued
is within the powers of the Bank and therefore, the challenge has to be
rejected. I do not see any reason to hold a different view. Once the powers
of the Bank to issue a circular stipulating certain conditions is recognized,
the said power certainly will prevail over the contract between the parties.
6.Hence, this Writ Petition fails and it is accordingly, dismissed.
No costs. Consequently, connected miscellaneous petitions are closed.
22.06.2022
kkn
Index:No
Internet:Yes
Speaking
https://www.mhc.tn.gov.in/judis
W.P.No.5920 of 2019
To:-
1.Canara Bank,
Agriculture Policy & Information Section
Priority Credit & Financial Inclusion Wing,
Bangalore – 560 002.
2.Canara Bank,
Circle Office,
No.524, Anna Salai,
Teynampet, Chennai – 600 018.
3.The Branch manager,
Canara Bank, TSR Big Street,
Kumbakonam, Tanjore District.
4.The Branch Manager,
Canara Bank, 360 A – Main Road,
Aaduthurai, Tanjore District.
5.The Branch Manager,
Canara Bank, 22 – Karur Main Road,
Kolathupalayam – Tiruppur District.
6.The Branch Manager,
Canara Bank, MK Complex,
Kallimandayam – Dindigul District.
7.The Branch Manager,
Canara Bank, Peralam Branch,
Thiruvarur District.
8.The Branch Manager,
Canara Bank, Athirampattinam Branch,
Tanjore District – 614 701.
https://www.mhc.tn.gov.in/judis
W.P.No.5920 of 2019
9.The Branch Manager,
Canara Bank, Perambalur Branch,
Perambalur District – 621 212.
10.The Branch Manager,
Canara Bank, Thandalai Branch,
Ariyalur District – 621 803.
11.The Branch Manager,
Canara Bank, Jayankondam Branch,
Ariyalur District – 612 101.
12.The Branch Manager,
Canara Bank, Thiruneelakudi Branch,
Tanjore District – 612 101.
13.The Branch Manager,
Canara Bank, Thiruvarur Branch,
Thiruvarur District.
14.The Branch Manager,
Canara Bank, Ariyalur Branch,
Ariyalur District.
15.The Branch Manager,
Canara Bank, Thirumazhapady Branch,
Ariyalur District.
16.The Branch manager,
Canara Bank, Peravoorni Branch,
Tanjore District - 614 804.
17.The Branch Manager,
Canara Bank, Mannarkudy Branch,
Thiruvarur District – 614 717.
https://www.mhc.tn.gov.in/judis
W.P.No.5920 of 2019
18.The Branch Manager,
Canara Bank, Eravankudy Branch,
Ariyalur District.
19.The Branch Manager,
Canara bank, Kollapuram Branch,
Thiruvarur District.
20.The Branch Manager,
Canara Bank, Vellore Branch,
Vellore District – 632 001.
21.The Branch Manager,
Canara Bank, Thiyagarajapuram Branch,
Vellore District – 632 009.
22.The Branch Manager,
Canara Bank, Thuraiyur Branch,
Thuraiyur District – 621 010.
23.The Branch Manager,
Canara Bank, Virunchipuram Branch,
Vellore District.
24.The Branch Manager,
Canara Bank, Vaikuntham Branch,
Salem District – 637103.
25.The Branch Manager,
Canara Bank, Sanarpatti Branch,
Dindigul District.
https://www.mhc.tn.gov.in/judis
W.P.No.5920 of 2019
R.SUBRAMANIAN, J.
KKN
W.P.No.5920 of 2019
and
W.M.P.Nos.6751 & 6753 of 2019
22.06.2022
https://www.mhc.tn.gov.in/judis
