Bombay High Court
Sandip Pralhad Ingole And Others vs Central Bank Of India, Thr. Its Chairman ... on 8 July, 2019
Author: Sunil B. Shukre
Bench: Sunil B. Shukre, S.M. Modak
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION No. 8275 OF 2018
1. Sandip Pralhad Ingole,
Aged about 43 Years, Occ. : Service
R/o Saraswati Colony, Amravati.
2. Atul Vitthalrao Mahalle,
Aged about 42 Years, Occ. : Service
R/o Bhatkuli, Tah. Bhatkuli
Dist. Akola
3. Swapnil Arunpant Bidwaik,
Aged about 24 Years, Occ. : Service
R/o Kedar Nagar Devmali
Dist. Amravati.
4. Sunil Vinayakrao Wasankar,
Aged about 40 Years, Occ. : Service
R/o Shirasgaon Band, Tah. Chandur Bajar
Dist. Amravati.
5. Gajanan Narayan Bajad,
Aged about 48 Years, Occ. : Service
R/o Jyoti Colony, Amravati
6. Sunil Haribhau Pachare,
Aged about 36 Years, Occ. : Service
R/o Machchi Market Bhoipura, Wani,
Dist. Yeotmal
7. Pravain Narayan Sonone,
Aged about 32 Years, Occ. : Service
R/o Ward No.2. Co.op. Bank
Colony, Chandur Railway
District Amravati.
8. Satish Dayaramji Sawarkar,
Aged about 45 Years, Occ. : Service
R/o D-5, Sawarkar Plot, Near Gandhi Plot
Gadge Nagar, Amravati
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9. Gopal Bhuraji Ingole,
Aged about 44 Years, Occ. : Service
R/o Gharladki Tah. Chandurbajar,
Dist. Amravati.
10.Nitin Dattopant Deshpande,
Aged about 46 years, Occ. Service.
R/o. Nilkantha Chowk Budhwara,
Amravati
11.Roshan Sureshrao Khajone,
Aged about 29 years, Occ. Service
R/o Ghatladki, Tq. Chandur Bazar,
Distt. Amravati
12. Dinesh Ganeshrao Khadse,
Aged about 31 years, Occ. Service
R/o At Post Brahmanwada Thadi,
Tq. Chandurbazar, Distt. Amravati
13. Sharad Sudhakarrao Savarkar,
Aged about 40 years, Occ. Service
R/o Kiran Nagar No.1, Lane 6,
Amravati
14. Murli Mahadev Bhujade,
Aged about 36 years, Occ. Service
R/o Angangaon Bari, Tq. And
Distt. Amravati
15. Mahendra Mugaji Bhise,
Aged about 37 years, Occ. Service
R/o At Post Fulsavangi, Distt. Yavatmal
16. Mahesh Kishor Chormale,
Aged about 33 years, Occ. Service
R/o At Post Uttarvadhone,
Tq. Ner, Distt. Yavatmal
17. Vijay Manikrao Bidwaik,
Aged about 44 years, Occ. Service
R/o At Karajgaon, Tah. Chandurbazar,
Distt. Amravati
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18. Barmase Sumit Pralhadrao,
Aged about 27 years, Occ. Service
R/o At Benoda, Tq. Warud, Distt. Amravati
19. Manoj Devidas Bhandare,
Aged about 40 years, Occ. Service
R/o Frezarpura, Amravati
20. Aniket Chandrashekhar Bharti,
Aged about 31 years, Occ. Service
R/o Talegaon, Thakur, Distt. Amravati
21. Vinod Mahadev Shinde,
Aged about 35 years, Occ. Service
R/o Loni, Distt. Yavatmal
22. Yogesh Purushottam Raut,
Aged about 26 years, Occ. Service
R/o. Malipura, Nandgaon Peth,
Tah. & Dist. Amravati
23. Nitin Bhashkarrao Ajmire,
Aged about 40 years, Occ. Service
R/o Rajura, Tq. Chandur Railway,
Dist. Amravati
24. Satish Ramkrushna Ingle,
Aged about 49 years, Occ. Service,
R/o. Bhagwannagar, Post. Rukminagar,
Old bye -pass road, Amravati
25. Dinesh Ajabrao Dhok,
Aged about 26 years, Occ. Service
R/o At Amhora, Post Kavthal, Tq. Morshi
Distt. Amravati
26. Rajendra Gagadharpant Tayade,
Aged about 50 years, Occ. Service
R/o Near Mata Khidki, Budhwara,
Amravati
27. Prashant S. Bhavrikar,
Aged about 48 years, Occ. Service
R/o Rukhmini Nagar, Amravati
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28. Sachin Ramakant Dake,
Aged about 40 years, Occ. Service
R/o Frezarpura, Amravati
29. Ram Nivrutti Pathak,
Aged about 48 years, Occ. Service
R/o Talvel, Tq. Chandurbazar, Amravati
30. Jitendra Laxmanrao Polge,
Aged about 42 years, Occ. Service
R/o Jutikasal Budhwara, Amravati
31. Dilip Eknathrao Taklikar,
Aged about 50 years, Occ. Service
R/o Juni Mangalwari, Mattipura, Nagpur
32. Ravindra Pundlik Mendhe,
Aged about 40 years, Occ. Service
R/o Khamla Old Area, Nagpur
33. Omprakash Shriram Waghdhare,
Aged about 50 years, Occ. Service
R/o Waghdhare, 832 Near Buddha park,
Budha Nagar, Ambedkar Road, Nagpur
34. Sanjay Sitaramji Pal,
Aged about 48 years, Occ. Service
R/o Jeevanrao Pal, Near Nag Mandir,
Kumre Layout Sindimege, Wardha
35. Ashish M. Wadhwe,
Aged major, Occ. Service
R/o Pandhra Bodi Ram, Nagpur
36. Yashvant Dyanbaji Chouragade,
Aged about 48 years, Occ. Service
R/o Sule Highschool, Dhantoli, Nagpur
37. Tushar Babarao Wadafale,
Aged about 32 years, Occ. Service
R/o Sant Tukaram Ward No. 18,
Ramnagar, Wardha
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38. Pravin Narayanrao Chitriv,
Aged about 42 years, Occ. Service
R/o 180, Shree Nagar No.2,
Manewada Ring Road, Nagpur
39. Anita Devidas Chaware,
Aged about 41 years, Occ. Service
R/o Gahuriwara, Polymulch
Kanhan, Tq. Parseoni Distt. Nagpur
40. Anil Damaji Sahare,
Aged about 28 years, Occ. Service
R/o New Indora, Zopda, Near 2 Kholi,
Pol No.2, Jaripatka Road, Nagpur
41. Sudhir Chandrakant Pathak,
Aged about 41 years, Occ. Service
R/o Plot no. 6, Bhagwan Nagar, Nagpur
42. Vinod Maikulal Kanojia,
Aged about 44 years, Occ. Service
R/o Hansapuri, Nalsaheb Road, Nagpur
43. Jagdish Mangal Dange,
Aged about 41 years, Occ. Service
R/o 184 Ukani, Tah. Wani, Distt. Yeotmal
44. Dipak Dhanlal Neware,
Aged about 37 years, Occ. Service
R/o Bajaj Ward, Sawaratoli, Gondia
45. Pawan Ranjitrao Mane,
Aged about 29 years, Occ. Service
R/o Rainagar Kanhan, Tq. Parseoni,
Distt. Nagpur
46. Jayant Prabhakar Puttewar,
Aged about 37 years, Occ. Service
R/o Bhiwapur Ward Near Bhagram
Mandir Lalpeth Dist. Chandrapur
47. Rajesh Kachruji Wankhade,
Aged about 48 years, Occ. Service
R/o Naya Godam, Buddha Nagar
Kamptee, Nagpur
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48. Rohit Ramkisan Kumbhare,
Aged about 28 years, Occ. Service
R/o Khapri Pura, Itwari, Nagpur
49. Ajay Babarao Wadafale,
Aged about 38 years, Occ. Service
R/o At Bhiwapur, Post Waigaon,
Distt. Wardha
50. Narendra Moreshwarrao Dodke,
Aged about 46 years, Occ. Service
R/o Post Paloti, Distt. Wardha
51. Hemant Ashokrao Patil,
Aged about 33 years, Occ. Service
R/o At Post Hamdatur Tah. Selu,
Distt. Wardha
52. Vijay Krushnarao Giradkar,
Aged about 48 years, Occ. Service
R/o Gajanan Nagar, Ward No.8,
Wardha.
53. Vinod Manohar Raut,
Aged major, Occ. Service,
R/o. Ashoknagar, Behind Gurunanak hall,
Nagpur
54. Anil Sindurkar,
Aged about 38 years, Occ. Service
R/O 180, Shrinagar, Manewada,
Ring Road, Nagpur
55. Umesh Lakhanlal Shrivas,
Aged about 45 years, Occ. Service
R/o Plot No. 322, Ashoknagar,
Kamalchowk, Nagpur
56. Rajendra Kumar Ramoji Wanjari,
Aged about 48 years, Occ. Service
R/o Kamalchowk, Ashoknagar,
Nagpur
57. Atul Nandkishor Kale,
Aged about 25 years, Occ. Service
R/o Tarwel, Tq. Chandurbajar,
Distt. Amravati
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58. Dilip Marotrao Vilayatkar,
Aged about 46 years, Occ. Service
R/o Pushkar Nagar, Dhamangaon
Railway, Distt. Amravati
59. Rahul Nandkishor Kale,
Aged about 28 years, Occ. Service,
R/o. Telwel, Tah. Chandurbajar,
Distt. Amravati
60. Atul Devidasji Tale,
Aged about 36 years, Occ. Service,
R/o. Kawali, Tq. Dhamangaon (R),
Dist. Amravati
61. Mukesh Jago Dhopkar,
Aged about 41 years, Occ. Service,
R/o. Timki - 2, Khamba Pannalal School,
Nagpur
62. Vinod Krishnaraoji Bhanarkar,
Aged about 28 years, Occ. Service,
R/o. Shantinagar Road, Itwari Station
Road, Nagpur
63. Vinod Dadarao Naange,
Aged about 44 years, Occ. Service,
R/o. Latare Layout, Pandharkawda,
Tah. Kalapur Dist. Yeotmal
64. Kiran Ekanath Lanjewar,
Aged about 51 Years, Occ. Service,
R/o Gitti Khadan, Manewada,
Katol Road, Nagpur
65. Ramesh Sampat Bhandarkar,
Aged about 45 Years, Occ. : Service
R/o. Nehru Ward Bhandara Road,
Warthi, Tq. Mohadi, Dist. Bhandara
66. Khushal Narbadaji Kanoje,
Aged about 45 years, Occ. Service,
R/o. At Sirsoli Post. Morgaon,
Tq. Mawda Dist. Nagpur
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67. Amir Mehboob Khan,
Aged about 28 years, Occ. Service,
R/o. Mangalwari Bazar, Behind Masjeet,
Nagpur
68. Ishant Laxman Raut,
Aged about 30 years, Occ. Service,
R/o. Gajanan Society, Guru Prasad Nagar,
Dattawadi Amravati Road, Nagpur
69. Ravikant Marotrao Kolhe,
Aged about 47 years, Occ. Service,
R/o. 250, Ramai Nagar, Nari Road,
Nagpur
70. Rajesh Jago Dhopkar,
Aged about 43 years, Occ. Service,
R/o. Timki Teen Khamba, Pannalal ki Chawl,
Opp. Ilias Tailor, Nagpur
71. Amol Kowduji Danao,
Aged about 29 years,
Occ. Service, R/o. Dana Plot 103,
Murlidhar Society Godhani Railway,
Nagpur
72. Prashant Vithoba Gulhane,
Aged major, Occ. Service,
R/o. Sivnagar, Old Umersara,
Tah. & Dist. Yavatmal
73. Sachin Prabhakar Pattewar,
Aged about 40 years, Occ. Service,
R/o. Bhivapur Ward, Bhangaram Mandir,
Chandrapur 442401
74. Yogesh Durga Patle,
Aged about 32 years, Occ. Service,
R/o. At Tamaswadi Post. Khapa,
Tq. Tumsar, Dist. Bhandara
75. Ashok Ganpat Randive,
Aged about 47 years, Occ. Service,
R/o. Kumbhare Nagar,
Tumsar Dist. Bhandara
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76. Rahul Diliprao Bhanak,
Aged about 32 years, Occ. Service,
R/o. MIDC Road Postman Colony Old
Bypass Road, Amravati
77. Anand Somaji Hirekhan,
Aged about 45 years, Occ. Service,
R/o. 73 Bhande Plot,
Umred Road, Nagpur
78. Jaywant Manohar Kurve,
Aged about 47 years, Occ. Service,
R/o. At Mejaumri, Post Mohgaon (Zilpi),
Tq. Hingna, Dist. Nagpur
79. Santosh Jagannath Bhagatkar,
Aged about 40 years, Occ. Service,
R/o. Timki Darapol, J. Pawanikar Mohalla,
Nagpur : PETITIONERS
...VERSUS...
1. Central Bank of India,
Through its Chairman & Managing Director,
Chandermukhi, Nariman Point, Mumbai 400 021
2. The Regional Manager,
Regional Office,
Central Bank of India, Akola, Tah.
And Dist. Akola
3. The Regional Manager,
Regional office,
Central Bank of India,
Oriental Bhavan, Station Road,
Nagpur : RESPONDENTS
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Mrs. Anjali A. Joshi, Advocate for the Petitioner.
Shri N.W. Almelkar, Advocate for the Respondent nos.1 & 3.
Shri R.M.Daruvala, Advocate for the Respondent no. 2.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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CORAM : SUNIL B. SHUKRE AND
S.M. MODAK, JJ.
DATE : 8th JULY, 2019.
ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)
1. Heard. Rule. Rule made returnable forthwith by consent of the learned counsel for the parties.
2. In this case there has been a Memorandum of Settlement reached on 9th August, 2012 between the Management of the respondent bank and All India Central Bank of India Employees Federation (AICBIEF), the recognized majority union for other staff which has enured to the benefit of the petitioners who were then working with the bank at its various branches, as temporary/ casual workers. The settlement was that the bank, as one time measure, would allow the casual / temporary workers to participate in the recruitment process which would be initiated in the immediate future. The recruitment process as contemplated was for selection of the subordinate staff as "Safai Karmachari cum Sub Staff" on full time basis as per the eligibility criteria, along with fresh candidates. A summary of Memorandum of Settlement has been reproduced in the communication of the bank dated 14 th August, 2012 which reads thus :
::: Uploaded on - 18/07/2019 ::: Downloaded on - 14/04/2020 03:09:37 ::: 38-wp-8275-18(j).odt 11/15"CENTRAL OFFICE, CHANDERMUKHI NARIMAN POINT, MUMBAI 400 021 HUMAN RESOURCES DEVELOPMENT DEPARTMENT (Industrial Relations and Policy) Circular Letter No. CO:HRD:IRP:2012:13:17 August, 14, 2012 ALL ZONAL / REGIONAL OFFICES MEMORANDUM OF SETTLEMENT DATED 09.08.2012 ENTERED INTO BY AND BETWEEN THE MANAGEMENT AND ALL INDIA CENTRAL BANK EMPLOYEES FEDERATION (AICBEF) (RECOGNIZED MAJORITY UNION FOR AWARD STAFF) ON CERTAIN ISSUES RELATING TO ALLOWING TEMPORARY/CASUAL WORKERS ENGAGED IN THE BANK OF A MINIMUM OF 45 DAYS SERVICE DURING A CONTIOUS PERIOD OF 12 MONTHS TO PARTICIPATE IN THE ENSUING RECRUITMENT PROCESS FOR SELECTION OF "SAFAI KARMACHARI-CUM-SUB-STAFF AND/OR SUB-STAFF, AS A ONE TIME MEASURE".
SUMMARY :
(I) A Memorandum of settlement was entered into on 9 th August, 2012 by and between the Management and All India Central Bank Employee's Federation (AICBEF) (Recognized Majority Union for (Award Staff), to the effect that as a one time measure the temporary / casual workers so engaged by various branches within the guidelines of Central Office Management will be allowed to participate in the Recruitment Process which will be initiated in the immediate future (but not in the subsequent process, if any) for selection to the post of sub-ordinate staff with the designation Safai Karmachari-cum-sub-staff" and or "Sub-staff, on Full-Time basis (as per the eligibility criteria) alongwith fresh candidates.
(ii) Further course of action in compliance to the terms of this MOS shall be issued from Recruitment & Promotion Division; Central ::: Uploaded on - 18/07/2019 ::: Downloaded on - 14/04/2020 03:09:37 ::: 38-wp-8275-18(j).odt 12/15 Office, shortly.
1. A Memorandum of Settlement was entered into on 9 th August, 2012, by and between the Management and All India Central Bank Employees' Federation (AICBEF), recognized majority Union for Award Staff, the silent features of the said MOS is enclosed.
2. The Bank has decided to recruit the sub-ordinate Staff with the designation 'Safai Karmachari-cum-sub-staff and Sub-staff through due process. However, considering the fact that hitherto some of the Branches have engaged temporary / casual workers in sub-ordinate cadre within the Bank's guidelines, the matter of allowing them to participate in the Recruitment Process, which will be initiated in the immediate future (but not in the subsequent process, if any) as a one time measure has been discussed by and between the parties and after a series of deliberations the said MOS has been entered into on 9 th August, 2012. As the contents of the said MOS are clear and unambiguous, the same needs no further amplification.
3. Further course of action in compliance to the terms of this MOS shall be issued from Recruitment & Promotion Division, Central Office, shortly.
4. All Zonal/Regional offices are accordingly advised to take note of the above and bring the contents of this circular and its enclosure to the notice of all branches / offices functioning under their control, besides displaying a copy of the staff notice board, for information.
(RAJ KIRAN RAI G) GENERAL MANAGER-HRD Encl : As above."
::: Uploaded on - 18/07/2019 ::: Downloaded on - 14/04/2020 03:09:37 ::: 38-wp-8275-18(j).odt 13/153. In order to fulfill the obligation under the said Memorandum of Settlement, the bank indeed initiated recruitment process for selection of "Safai Kamgar cum Sub Staff". But it appears, midway through, the process was cancelled. All the petitioners received individually a communication dated 4 th July, 2014 informing them that the recruitment process has been cancelled.
4. Ordinarily, it was expected that all aggrieved persons like the petitioners would have approached this Court without any delay. After all, the communication dated 4 th July, 2014 had affected their right substantially. The petitioners, however, did not approach this Court and when they approached this Court, month of December, 2014 had arrived and thus there was inordinate delay. Unfortunately, the petitioners have not given any explanation for the delay. It is orally submitted on behalf of the petitioners that petitioners were awaiting for the result of one writ petition pending before the Gauhatti High Court involving similar facts and issues and when they learnt about the decision having been rendered by the Gauhatti High Court against the management and in favour of some of the petitioners therein, the petitioners approached this Court. We are of the view that this could hardly be the explanation, much less reasonable explanation for the inordinate delay which has occurred in the present case, as this petition has got nothing to do with that case.
5. If there was delay on the part of the petitioners and no explanation has been given by the petitioners for the same, we feel, it has nevertheless not substantially affected the standing of the petitioners before this Court. The reason for taking such a view is that even the respondent bank has maintained its complete silence ::: Uploaded on - 18/07/2019 ::: Downloaded on - 14/04/2020 03:09:37 ::: 38-wp-8275-18(j).odt 14/15 as regards what it did towards fulfillment of its obligation under the Memorandum of Settlement dated 9 th August, 2012. This is a fact which when brought on record would significantly impact the whole case and the answer is still not available to us. When there was a settlement between the bank and the majority recognized union which obligated the bank to initiate the recruitment process as one time measure for giving opportunity of providing regular employment to the persons like the petitioners, the obligation was required to be fulfilled by the bank. The respondent bank is a public sector bank and is enjoined with a duty to act reasonably, legally and in fulfillment of its commitments given under the industrial agreement. Therefore, it was necessary for the respondent bank to have honoured its commitment given under the Memorandum of Settlement dated 9 th August, 2012. It appears that the bank is yet to fulfill its obligation.
6. It is these facts which would entitle the petitioner to have an immediate relief from this Court in the present matter, irrespective of the delay on their part. We would have ordinarily refused even a smallest of reliefs to the petitioners, had it been the case that respondent-bank, a public sector undertaking, was never in the wrong box and that not being the case, we have made our conclusion and we have put it into words just now.
7. In the present case, by the communication dated 4th July, 2014 the recruitment process initiated in terms of the Memorandum of Understanding has been cancelled. Then, the new recruitment process which was required to be started in order to fulfill the obligation under the said settlement, was never commenced by the respondent bank. The grievance would not arise from cancellation of a recruitment process but it would ::: Uploaded on - 18/07/2019 ::: Downloaded on - 14/04/2020 03:09:37 ::: 38-wp-8275-18(j).odt 15/15 certainly arise when after the cancellation of the recruitment process, no new recruitment process is initiated, in spite of the obligation imposed upon the bank in terms of the settlement dated 9th August, 2012. That is how, to this extent only, in our view the petitioners would be entitled to a relief in law. In the result, we allow the writ petition partly.
ORDER
i. The writ petition is partly allowed.
ii. We direct to the respondent bank to fulfill its obligation
under the Memorandum of Settlement dated 9 th August, 2012 imposing a duty to initiate the recruitment process only as one time measure for selecting, from amongst casual and temporary workers, "Safai Karmachari cum Sub Staff" on full time basis within a period of six months from the date of the receipt of order. iii. By issuing such directions, we have not taken away discretion of the bank to determine the availability of the vacancies and to adopt a particular procedure for making recruitments or select or reject candidates on the basis of performance and on merit and other similar factors.
iv. Rule is made absolute in these terms. No order as to costs.
JUDGE JUDGE
sknair
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