Karnataka High Court
Sri. Sridhar Anandu S/O. Anandu Sidda ... vs The Secretary Pca & Rd Bank Ltd., on 18 February, 2013
Author: A.N.Venugopala Gowda
Bench: A.N.Venugopala Gowda
:1:
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
Dated this the 18th day of February 2013
Before
THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA
Writ Petition Nos.72705-72706/2012 (S-Res)
Between:
1. Sri Sridhar Anandu,
S/o Anandu Sidda Naik,
Age: 49 years, Occ: Clerk in
2nd respondent Bank, Ankola,
Uttara Kannada District.
2. Sri Ravikumar Gajanan,
S/o Gajanan Vaman Naik,
Age: 49 years, Occ: Clerk in
2nd respondent Bank, Ankola,
Uttara Kannada District. ...Petitioners
(By Sri. Rajashekar Gunjalli, Advocate)
And:
1. The Secretary,
PCA & RD Bank Ltd.,
Ankola, Dist: Uttara Kannada.
2. The Member Secretary,
Common Cadre Committee
For PCA & RD Bank Employees
Alur Venkatrao Road,
Chamarajpet, Bangalore-18. ...Respondents
(By Sri. M.M.Hiremath, Advocate)
:2:
These petitions are filed under Articles 226 & 227 of
the Constitution of India praying for an order declaring the
action of the respondents in taking steps to
terminate/discontinue the service of the petitioners as
being arbitrary and illegal with further direction directing
the respondents to regularise/continue the service of the
petitioners and grant all consequential benefits including
monetary benefits.
These petitions coming on for Preliminary Hearing in
'B' Group this day, the Court made the following:
ORDER
The 1st petitioner was appointed as a clerk in the 1st respondent-Bank on daily wage basis with effect from 01.11.1992. The 2nd petitioner was appointed as a Clerk in the 1st respondent-Bank with effect from 22.03.1993. The 2nd respondent has directed the 1st respondent to take action in the matter of relieving the petitioners from service, by issuing a circular dated 26.09.2012, as at Annexure-'C'. These writ petitions have been filed to declare the action of the respondents in taking steps against them as illegal and to direct the :3: respondents to regularize the petitioners' service with consequential benefits.
2. Shri. Rajashekar.R.Gunjalli, learned advocate appearing for the petitioners placed reliance on an order dated 22.03.2012 passed in W.P. Nos.1515-1519/2009 & 1531/2009 and submitted that the petitioners are entitled to the relief prayed in the writ petition.
3. Shri. M.M.Hiremath, learned advocate appearing for the 2nd respondent, on the other hand, submitted that engagement of the petitioners on daily wages by the Bank being after 03.10.1992, the date on which the Common Cadre Authority was constituted by the Registrar of the Co-operative Societies in exercise of powers conferred under Section 128A of the Karnataka Co-operative Societies Act, 1959, the engagement being wholly illegal, they fall within the teeth of the Circular as at Annexure-C. Learned counsel referred to a judgment dated 12.08.2005 passed in W.A. :4: No.4319/2004 C/w W.A. No.4361/2004 and submitted that petitioners' claim being illegal, they are not entitled to any relief.
4. As on date, the respondents have not relieved the petitioners. The petitioners having been appointed subsequent to 03.10.1992 i.e. after constitution of Common Cadre Authority by the Registrar of Co- operative Societies in exercise of power under Section 128A of the Karnataka Co-operative Societies Act, 1959, the respondents have to take action in accordance with law, keeping in view the order and judgment, noticed supra.
Writ petitions are disposed of accordingly, with no order as to costs.
Sd/-
JUDGE Kms