Citation : 2022 Latest Caselaw 628 Tel
Judgement Date : 14 February, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.2013 of 2017
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
Learned counsel for the parties have informed this
Court that a writ appeal i.e., W.A.No.2009 of 2017
(A.P.G.V.Bank Temporary Workers Union v. Andhra Pradesh
Grameena Vikas Bank and another) was preferred against the
same judgment before the Andhra Pradesh High Court and
the Andhra Pradesh High Court has disposed of the writ
appeal by judgment dated 25.02.2020.
The judgment passed by the Andhra Pradesh High
Court arising out of the same judgment reads as under:-
"This writ appeal is arising out of the order, dated
30.11.2017, passed in W.P.No.27363 of 2017 by a learned
single Judge of this Court, dismissing the writ petition filed
by the writ petitioner-union.
It is seen from the record that the members of the
writ petitioner-union, who are working on temporary basis
in various branches of the respondent - bank, sought for
regularisation of their services, in view of the judgment of the Supreme Court in Secretary, State of Karnataka Vs. Umadevi ((2006) 4 SCC 1).
After hearing the learned counsel for the parties, we are of the view that regularisation of services of the members of the writ petitioner-union is required to be considered by the respondent-bank, in terms of its own norms and policies. Therefore, we are not inclined, at first blush, to issue any direction for their regularisation. In our considered opinion, it is suffice to dispose of the appeal with the following directions:
a) The members of the writ petitioners - union shall submit their respective claims to the respondent - bank
seeking regularisation of their services, along with the relevant material and judgments, within one month.
b) On production of such claims, the respondent-bank shall consider and decide the same, within two months from the date of receipt of the claims submitted by the members of the writ petitioner - union.
With the aforesaid directions, the writ appeal is disposed of. As a sequel, all the pending miscellaneous applications shall stand closed. No order as to costs."
Learned counsel for the parties are fair enough in
stating before this Court that a similar judgment be passed in
the present case also.
Resultantly, the present writ appeal stands disposed of.
The judgment delivered in W.A.No.2009 of 2017, dated
25.02.2020, shall be applicable mutatis mutandis in the
present case also.
We have passed this judgment in order to maintain
consistency in the matter, as it was a common order in
respect of which a judgment has been passed by the Andhra
Pradesh High Court.
The miscellaneous applications pending, if any, shall
stand closed. There shall be no order as to costs.
______________________________________ SATISH CHANDRA SHARMA, CJ
______________________________________ ABHINAND KUMAR SHAVILI, J 14.02.2022 vs
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