Sukhenlal Sahu vs Chairman Cum President on 22 August, 2022

[Cites 12, Cited by 0]

Chattisgarh High Court

Sukhenlal Sahu vs Chairman Cum President on 22 August, 2022

1. Suresh Kumar Rajak S/o Babulal Rajak Aged About 38 Years Driver Daily Wages Employee At Present - Regional Office Chhattisgarh Rajya Gramin Bank Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

2. Raju Chandrawanshi S/o S.P. Chandravanshi Aged About 31 Years Daily Waged Employee At Present - Branch Pondi (Bodala) District Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

---- Petitioners Versus

1. Chairman Cum President Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District Raipur, Chhattisgarh., District : Raipur, Page 2 of 23 Chhattisgarh

2. General Manager Administration Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District Raipur, Chhattisgarh., District :

Raipur, Chhattisgarh

3. Regional Manager Chhattisgarh Rajya Gramin Bank, Regional Office Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

---- Respondent WPS No. 4300 of 2019

1. Bhoj Kumar Dewangan S/o Narsingh Dewangan Aged About 34 Years Daily Wages Employee At Present Chhattisgarh Rajya Gramin Bank Branch Arkar, Tehsil Gurur, District Block Chhattisgarh., District : Balod, Chhattisgarh

2. Tirath Lal Dewangan S/o Late Rupnath Dewangan Aged About 49 Years Daily Wages Employee At Present Branch Deori The. Dondilohara, District Balod Chhattisgarh., District : Balod, Chhattisgarh

3. Toman Lal Sahu S/o Paltan Ram Sahu Aged About 41 Years Daily Wages Employee, Chhattisgarh Rajya Gramin Bank Branch Chikhlakasa, Tehsil Dondi, District Balod Chhattisgarh., District : Balod, Chhattisgarh

4. Digvijay Singh Yadav S/o Bhikham Singh Yadav Aged About 28 Years Daily Wages Employee At Present Chhattisgarh Rajya Gramin Bank Branch Dondi, Tehsil Dondi, District Balod Chhattisgarh., District : Balod, Chhattisgarh

5. Ramvilas Yadav S/o Late B.R. Yadav Aged About 39 Years Daily Wages Employee At Present Chhattisgarh Rajya Gramin Bank Branch Regadabri, Tehsil And District Balod Chhattisgarh., District : Balod, Chhattisgarh

---- Petitioners Versus

1. Chairman Cum President Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. General Manager Administration Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District Raipur Chhattisgarh., District :

Raipur, Chhattisgarh

3. Regional Manager Chhattisgarh Rajya Gramin Bank, Regional Office Durg, District Durg, Chhattisgarh., District : Durg, Chhattisgarh

---- Respondents WPS No. 4304 of 2019

1. Kamlesh Kumar Thakur Bhagwandas, Aged About 32 Years Daily Wages Employee At Present Branch Sarbhoka, R/o Village Kudeli Baikunthur District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

2. Manoj Kumar S/o Narayan Prasad Aged About 33 Years Daily Wages Employee At Present Branch Tara, R/o Village Tara, Tehsil Premnagar District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh

3. Anil Kumar Yadav S/o Suraj Lal Yadav Aged About 30 Years Daily Wages Page 3 of 23 Employee At Present Branch Baikunthpur, R/o Village Dwarikapur, Tehsil Ramanuj Nagar, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh

4. Suresh Singh S/o Ujeet Ram Aged About 29 Years Daily Wages Employee At Present Branch Shivnagar, R/o Village Parwatipur, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh

5. Somdev S/o Late Ramlal Aged About 24 Years Daily Wages Employee At Present Branch Khadgava, R/o Village Chanwaridad, Post Officer Khadgava, Chhattisgarh., Chhattisgarh

6. Ram Lal S/o Mohe Lal Aged About 23 Years Daily Wages Employee At Present Baikunthpur, R/o Village Kudeli (Bandhpara), District Baikunthpur, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

7. Tulsidas Yadav S/o Ram Lakhan Yadav Aged About 27 Years Daily Wages Employee At Present Kanjiya R/o Yadavpur, Patwahi, Tehsil Bharatpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

---- Petitioners Versus

1. Chairman Cum President Chhattisgarh Rajya Gramin Bank,head Office Choubey Colony Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. General Manager, Administration Chhattisgarh Rajya Gramin, Bank, Head Office Choubey Colony Raipur, District Raipur, Chhattisgarh., District :

Raipur, Chhattisgarh

3. Regional Manager Chhattisgarh Rajya Gramin Bank, Regional Office Baikunthpur, District Raipur4092 Chhattisgarh., District : Raipur, Chhattisgarh

---- Respondent WPS No. 4305 of 2019

1. Khemraj Yadav S/o Lakhan Lal Yadav Aged About 30 Years Daily Wages Employee, Chhattisgarh Rajya Gramin Bank At Present Branch Potiyakala, Durg, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh

2. Prahlad Singh Rajput S/o Chandan Singh Aged About 41 Years Daily Wages Employee, Chhattisgarh Rajya Gramin Bank At Present Branch Saf Bhilai (Katulbod), Durg, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh

3. Satyapraksh Yadav S/o Lakhanlal Yadav Aged About 32 Years Daily Wages Employee, Chhattisgarh Rajya Gramin Bank At Present Branch Hudco, Durg, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh

4. Mukesh Kumar Sahu S/o Maitrakumar Sahu Aged About 27 Years Daily Wages Employee, Chhattisgarh Rajya Gramin Bank At Present Branch Latabod, Tahsil And District- Balod, Chhattisgarh., District : Balod, Chhattisgarh

5. Netram Sahu S/o Mituram Sahu Aged About 27 Years Daily Wages Employee, Chhattisgarh Rajya Gramin Bank, R/o Sahu Para, Kareli, District- Durg, Chhattisgarh4092., District : Durg, Chhattisgarh

6. Pankaj Kumar Patel S/o Pratap Patel Aged About 36 Years Daily Wages Page 4 of 23 Employee, Chhattisgarh Rajya Gramin Bank At Present Branch Patan, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh

7. Jitendra Kumar Sahu S/o Johrit Ram Aged About 33 Years Daily Wages Employee, Chhattisgarh Rajya Gramin Bank At Present Branch Gurur, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh

8. Poshan Kumar Yadav S/o Harishchandra Yadav Aged About 30 Years Daily Wages Employee, Chhattisgarh Rajya Gramin Bank At Present Branch Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh

---- Petitioners Versus

1. State Of Chhattisgarh Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. General Manager Administration Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District- Raipur, Chhattisgarh., District :

Raipur, Chhattisgarh

3. Regional Manager Chhattisgarh Rajya Gramin Bank, Regional Office Durg, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh

---- Respondents WPS No. 4326 of 2019

1. Kailash Chandrawanshi S/o Arjun Chandrawanshi Aged About 44 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Padariya (Kawardha) Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

2. Dinesh Yadav S/o Baharik Yadav Aged About 35 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Pandataarai (Kawardha) Chhattisgarh.

3. Manoj Kumar Yadav S/o Bhanu Yadav Aged About 30 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Kamathi (Rajnandgaon), District Rajnandgaon Chhattisgarh., District :

Rajnandgaon, Chhattisgarh

4. Rohit Kumbhakar S/o Chhedri Kumbhkar Aged About 24 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Kheli (Kawardha) Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

5. Puranlal Yadu S/o Johanlal Yadu Aged About 40 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Thelkadih (Rajnandgaon) District Rajnandgaon Chhattisgarh., District :

Rajnandgaon, Chhattisgarh

6. Tikeshwar Kumar Sahu S/o Suresh Kumar Sahu Aged About 26 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Basantpur (Rajnandgaon) District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

7. Sonsai Sahu S/o Shyamalal Sahu Aged About 44 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Arujuni (Rajnandgaon) District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Page 5 of 23 Chhattisgarh

8. Neeraj Khobragade S/o Rajendra Khobragade Aged About 32 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Mahad Machandur, Tehsil Ambagarh Chowki, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

9. Naresh Sahu S/o Chetan Das Sahu Aged About 31 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Sarugi (Rajnandgaon) District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

10. Preetesh Kumar Sahu S/o Nekram Sahu Aged About 25 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Singhola (Rajnandgaon) District Rajnandgaon Chhattisgarh., District :

Rajnandgaon, Chhattisgarh

11. Mukesh Kumar Churendra S/o Preetlal Churendra Aged About 30 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Karmari (Rajnandgaon) Chhattisgarh., District : Rajnandgaon, Chhattisgarh

---- Petitioners Versus

1. Chairman Cum President Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. General Manager Adminitraion Chahttisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District Raipur, Chhattisgarh., District :

Raipur, Chhattisgarh

3. Regional Manager, Chhattisgarh Rajya Gramin Bank, Regional Office Rajnandgaon, Districit Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

---- Respondents WPS No. 4327 of 2019

1. Dilip Kumar Kumbhakar S/o Sonau Ram Kumbhakar Aged About 43 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Ambagarh Chowki Rajnandgaon, R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

2. Anjordas Manikpuri S/io Bhanwar Das Manikpuri Aged About 40 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Khairagarh, R-O Rajnandgaon Chhattisgarh., District :

Rajnandgaon, Chhattisgarh

3. Ritesh Bharurtker S/o Basant Bharutker Aged About 34 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Chhuikhadan, R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

4. Heeralal Netam S/o Sawat Ram Netam Aged About 31 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Gadai, R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

5. Dileshwar Kumbhakar S/o Gobind Kumbhakar Aged About 29 Years Daily Page 6 of 23 Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Sahaspur Lohara, R-O Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

6. Pradeep Gupta S/o Sugreev Gupta Aged About 46 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Silhati, R-O Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

7. Ravi Yadav S/o Mehataru Yadav Aged About 29 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Dashrangpur, R-O Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

8. Pawan Das Manikpuri S/o Kumardas Manikpuri Aged About 30 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Rajnavagaon, R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

9. Nilesh Kumar Sahu S/o Bahoran Sahu Aged About 30 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Kunda, (Kawardha) R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

10. Ghanshyam Das Banjare S/o Ram Prasad Banjare Aged About 30 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Bodla, R-O Kawardha Chhattisgarh ., District : Kawardha (Kabirdham), Chhattisgarh

11. Baldeo Singh Markam S/o Mohitram Markam Aged About 27 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Baijapur, (Kawardha) R-O Rajnandgaon Chhattisgarh., District :

Rajnandgaon, Chhattisgarh

---- Petitioners Versus

1. Chairman Cum President Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. General Manager Administration Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District Raipur Chhattisgarh., District :

Raipur, Chhattisgarh

3. Regional Manager Chhattisgarh Rajya Gramin Bank, Regional Office Rajnandgaon, Geo Near Mudrakunj Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

---- Respondents WPS No. 4328 of 2019

1. Uttam Kumar Sahare S/o Seetaram Sahare Aged About 42 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Chilhati, R-O Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

2. Udhoram Jaiswal S/o Kalaram Jaiswal Aged About 48 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Dangarh, R-O, Page 7 of 23 Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

3. Likhan Das Sahu S/o Pahupram Sahu Aged About 42 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch, R-O, Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

4. Chandra Kumar Sahu S/o Dhan Sai Sahu Aged About 52 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Bholapur, R-O, Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

5. Bhisham Kumar Patel S/o Deenaram Patel Aged About 36 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Gendatola, R-O, Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

6. Bheem Rao Indurkar S/o Chudaman Indurkar Aged About 52 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch, R-O, Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

7. Lakhan Lal Rawte S/o Baliram Rawte Aged About 33 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Banch Bharritola, R-O, Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

8. Chintaram Aareyd S/o Roopram Aareyd Aged About 39 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Khadgaon, R-O, Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

9. Tejram Sinha S/o Prahlad Sinha Aged About 33 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Gouratola, R-O, Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

10. Fattelal Sahu S/o Basant Kumar Sahu Aged About 38 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Bharreygaon, R-O, Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

11. Virendra Kumar Urvasha S/o Nandlal Urvasha Aged About 27 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Umarwahi, R-O, Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

---- Petitioners Versus

1. Chairman Cum President Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. General Manager Adminitraion Chahttisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Regional Manager Chhattisgarh Rajya Gramin Bank, Regional Office Rajnandgaon, Districit Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

---- Respondents Page 8 of 23 WPS No. 4329 of 2019

1. Sukhenlal Sahu S/o Kamal Singh Sahu Aged About 31 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Kodikasa, R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

2. Dinesh Kumar Verma S/o Aasharam Verma Aged About 35 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Atariya R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

3. Dhal Singh S/o Julum Singh Aged About 21 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Ghumka R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

4. Nitesh Kumar Sahu S/o Omkar Sahu Aged About 33 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Deepa Pahri R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

5. Chanchal Kumar Mandavi S/o Krishna Ram Mandavi Aged About 24 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Sadak Chirchari R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

6. Bhagchand Yadav S/o Bisaru Ram Yadav Aged About 37 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Chichola R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

7. Vijay Yadav S/o Alakram Yadav Aged About 24 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Bortalab R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

8. Shekhar Bhatt S/o Ramswaroop Bhatt Aged About 24 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Kedesara R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

9. Ajay Kumar Rajak S/o Kishanlal Rajak Aged About 24 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Lal Bahadur Nagar R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

10. Jitendra Sahu S/o Dukaldas Sahu Aged About 32 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch Tumribod R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

11. Aashish Chedaiya S/o Suklu Chedaiya Aged About 29 Years Daily Wages Employee (Messenger), Chhattisgarh Rajya Gramin Bank, Branch R-O Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

---- Petitioners Versus

1. Chairman Cum President Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony, Raipur, District Raipur, Chhattisgarh., District : Raipur, Page 9 of 23 Chhattisgarh

2. General Manager Administration Chhattisgarh Rajya Gramin Bank, Head Office Choubey Colony Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Regional Manager Chhattisgarh Rajya Gramin Bank Regional Office Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

---- Respondents WPS No. 2678 of 2021

1. Surendra Kumar Dewangan, S/o Baijnath Dewangan, Aged About 42 Years Posted As Messenger At Branch Jhalmala, Chhattisgarh Rajya Gramin Bank, District Balod Chhattisgarh., District : Balod, Chhattisgarh

2. Lilesh Kumar Sahu, S/o Dashrath Sahu, Aged About 34 Years Posted As Messenger At Branch Gurur, Chhattisgarh Rajya Gramin Bank, District Balod Chhattisgarh., District : Balod, Chhattisgarh

3. Bhoj Kumar Nirmalkar, S/o Chaitram Nirmalkar, Aged About 44 Years Posted As Messenger At Branch Nipani, Chhattisgarh Rajya Gramin Bank, District Balod Chhattisgarh., District : Balod, Chhattisgarh

4. Tarun Kumar Arda, S/o Gautam Ram Arda, Aged About 31 Years Posted As Messenger At Branch Karhibhadar, Chhattisgarh Rajya Gramin Bank, District Balod Chhattisgarh., District : Balod, Chhattisgarh

5. Ajay Kumar Sinha, S/o Chhanu Ram Sinha, Aged About 44 Years Posted As Messenger At Branch Haldi, Chhattisgarh Rajya Gramin Bank, District Balod Chhattisgarh., District : Balod, Chhattisgarh

6. Teerath Kumar Sahu, S/o Parshuram Sahu, Aged About 32 Years Posted As Messenger At Branch Kalangpur, Chhattisgarh Rajya Gramin Bank, District Balod Chhattisgarh., District : Balod, Chhattisgarh

7. Vikas Chandrakar, S/o Kriparam Chandrakar, Aged About 36 Years Posted As Messenger At Branch Anda, Chhattisgarh Rajya Gramin Bank, District Balod Chhattisgarh., District : Balod, Chhattisgarh

8. Pradeep Kumar Yadav, S/o Bhukhan Lal Yadav, Aged About 29 Years Posted As Messenger At Branch Bori, Chhattisgarh Rajya Gramin Bank, District Balod Chhattisgarh., District : Balod, Chhattisgarh

9. Top Singh Parkar, S/o Shivcharan Parkar, Aged About 40 Years Posted As Messenger At Branch Nagpura, Chhattisgarh Rajya Gramin Bank, District Durg Chhattisgarh., District : Durg, Chhattisgarh

10. Amar Das, S/o Punuram, Aged About 30 Years Posted As Messenger At Branch Ahiwara, Chhattisgarh Rajya Gramin Bank, District Durg Chhattisgarh., District : Durg, Chhattisgarh

11. Tikesh Kumar Sahu, S/o Mohan Lal Sahu, Aged About 25 Years Posted As Messenger At Branch Jewara, Chhattisgarh Rajya Gramin Bank, District Durg Chhattisgarh., District : Durg, Chhattisgarh

12. Vicky Verma, S/o Vinod Verma, Aged About 30 Years Posted As Messanger At Branch Kurud, Chhattisgarh Rajya Gramin Bank, District Durg Chhattisgarh., District : Durg, Chhattisgarh

---- Petitioners Page 10 of 23 Versus

1. Chhattisgarh Rajya Gramin Bank Through Chairman Cum President, Head Office At Mahadev Ghat Road, Sundar Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Chhattisgarh Rajya Gramin Bank Through General Manager (Adm.), Head Office At Mahadev Ghat Road, Sundar Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Chhattisgarh Rajya Gramin Bank Through Regional Manager, Durg, Regional Office Durg, Ganjpara, District Durg Chhattisgarh., District : Durg, Chhattisgarh

---- Respondents WPS No. 3249 of 2021 Raju Chandravanshi S/o Saryu Prasad Chandravanshi Aged About 33 Years Posted As Messenger At Branch Pondi (Bodla), Chhattisgarh Rajya Gramin Bank, District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

---- Petitioners Versus

1. Chhattisgarh Rajya Gramin Bank Through Chairman Cum President, Head Office At Mahadev Ghat, Road, Sunder Nagar, Raipur, District-Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Chhattisgarh Rajya Gramin Bank Regional Manager, Rajnandgaon, Regional Office, Near Mundra Kunj, G.E.- Road, District- Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh

3. Branch Manager Branch Pondi, Chhattisgarh Rajya Gramin Bank , Pondi( Bodla), District- Kabirdham, Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh

---- Respondents WPS No. 3254 of 2021 Suresh Kumar Rajak S/o Babu Lal Rajak Aged About 39 Years Posted As Messenger At Regional Office Rajnandgaon, Chhattisgarh Rajya Gramin Bank, District Rajnandgaon (Chhattisgarh), District : Rajnandgaon, Chhattisgarh

---- Petitioner Versus

1. Chhattisgarh Rajya Gramin Bank Through Chairman Cum President, Head Office At Mahadev Ghat Road, Sundar Nagar, Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

2. Chhattisgarh Rajya Gramin Bank Through Regional Manager, Near Mundra-Kunj, G.E. Road, Rajnandgaon, District Rajnandgaon (Chhattisgarh), District : Rajnandgaon, Chhattisgarh

---- Respondents Page 11 of 23 WPS No. 3267 of 2021 Tirathlal Dewangan S/o Rupnath Dewangan Aged About 51 Years Posted As Messenger At Branch Deori, Chhattisgarh Rajya Gramin Bank District Balod Chhattisgarh

---- Petitioners Versus

1. Chhattisgarh Rajya Gramin Bank Through Chairman Cum President, Head Office At Mahadev Ghat Road, Sundar Nagar Raipur District Raipur Chhattisgarh

2. Chhattisgarh Rajya Gramin Bank Through Regional Manager, Durg Regional Office Durg, Ganjpara, District Durg Chhattisgarh

---- Respondents WPS No. 4615 of 2021 Kishore Kumar Prasad S/o Shri Durbal Prasad, Aged About 36 Years R/o Nagar Panchayat Barsur, Garhpara, Post - Barsur, Tahsil Geedam, District Dantewada Chhattisgarh, District : Dantewada, Chhattisgarh

---- Petitioner Versus

1. Chhattisgarh Rajya Gramin Bank Through - Its President, Head Office, Raipur Sunder Nagar, Mahadeo Ghat, Road Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. The Regional Manager, Chhattisgarh Rajya Gramin Bank Regional Office -

Iind Floor, Danteshwari Kosa Palace, Kumhar Para Jagdalpur Chhattisgarh

3. The Branch Manager, Chhattisgarh Rajya Gramin Bank Branch Barsur, District Dantewada Chhattisgarh, District : Dantewada, Chhattisgarh

---- Respondents with WPS No. 6549 of 2021

1. Mahendra Kumar Sahu S/o Shri Ram Narayan Sahu Aged About 44 Years R/o Village Bharar, Post Jamgaon, Tahsil Patan, District- Durg, Chhattisgarh, Presently Posted- C.G. Rajya Gramin Bank Branch Ar- Jamgaon

2. Trilok Nath Dewangan S/o Loknath Dewangan Aged About 33 Years R/o Village Pendarwani, Post Kamar, Tahsil Gurur, District Balod, Chhattisgarh, Presently Posted (C.G.) Rajya Gramin Bank Branch Pendarwani

3. Gajendra Kumar S/o Shri Tulshi Ram Aged About 30 Years R/o Village And Post Batrel, Tahsil Patan, District Durg, Chhattisgarh, Presently Posted C.G. Rajya Gramin Bank Branch Batrel

4. Purshottam Nirmalkar S/o Brijuram Aged About 33 Years R/o Village And Post Amleshwar, Tahsil Patan District Durg, Chhattisgarh, (C.G.) Presently Posted C.G. Rajya Gramin Bank Branch Amleshwar

5. Rajesh Kumar Yadav S/o Shri Rameshwar Ram Aged About 31 Years R/o Village And Post Palari Tahsil Gurur, District Balod, Chhattisgarh, Presently Page 12 of 23 Posted C.G. Rajya Gramin Bank Branch Palari

6. Gopeshwar Prasad S/o Tribhuwan Lal Aged About 29 Years R/o Village Dhour, Post Selud, Tahsil Patan, District Durg, Chhattisgarh, Presently Posted C.G. Rajya Gramin Bank Branch Selud

7. Rohit Kumar Painkra S/o Hirachand Painkra Aged About 36 Years R/o Village Karoti, Post Dawna, Tahisl Odgi, District Surajpur, Chhattisgarh, Presently Posted C.G. Rajya Gramin Bank Branch Bhatgaon

8. Paras Nath Painkra S/o Hublal Aged About 38 Years R/o Village Karinda, Post Chandramedha, District Surajpur, Chhattisgarh, Presently Posted C.G. Rajya Gramin Bank Branch Chandramedha

9. Rajeshwar Rajak S/o Shri Rajkumar Aged About 35 Years R/o Village Singhri, District Surajpur, Chhattisgarh, Presently Posted C.G. Rajya Gramin Bank Branch Kewra

10. Arun Kumar Kushwaha S/o Rajmohit Aged About 30 Years R/o Village Parri, District Surajpur, Chhattisgarh, Presently Posted C.G. Rajya Gramin Bank Branch Collectorate. Surajpur.

11. Vifal Singh S/o Shri Ghuran Ram Aged About 33 Years R/o Village And Post Songara, District Surajpur Chhattisgarh Presently Posted Chhattisgarh Rajya Gramin Bank Branch Songara

12. Gopal Singh S/o Ramjeet Singh Aged About 33 Years R/o Village Umeshpur, Post Krishnapur, District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Krishnapur

13. Mewalal Singh S/o Kawalsai Aged About 44 Years R/o Dwarikanagar, Post Latori, Distict Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Silfili

14. Chandrika S/o Budhan Singh Aged About 25 Years R/o Village Shivprasad Nagar, Post Banja, District Surajpur Chhattisgarh Presently Posted Chhattisgarh Rajya Gramin Bank Branch Shivprasad Nagar

15. Loknath Rajwade S/o Harilal Rajwade Aged About 31 Years R/o Village And Post Batra, District Surajpur, Chhattisgarh Presently Posted Chhattisgarh Rajya Gramin Bank Branch Batra

16. Amele Kumar S/o Jawaharlal Aged About 37 Years R/o Village Shivpur, Ward No. 1 Churcha District Koriya, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Charcha

17. Jitendra Kumar S/o Parshu Ram Aged About 29 Years R/o Village Khorma, District Surajpur, Chhattistgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Pratappur

18. Rudra Prasad S/o Babai Singh Aged About 37 Years R/o Village Bonga, Post Govindpur, District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Govindpur

19. Arun Singh S/o Sukh Nandan Singh Aged About 37 Years R/o Village Dwarka Nagar, Post Latori, District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Latori

20. Sumit Sumer Ekka S/o Mahesh Ekka Aged About 31 Years R/o Sonhapara, District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Mahavirpur

21. Budhram S/o Shri Sahdeo Aged About 31 Years R/o Village Kalyanpur, Page 13 of 23 District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Kalyanpur

22. Rajdhani Singh S/o Ramkripal Singh Aged About 32 Years R/o Village Podi District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Mani

23. Kundan Singh S/o Hublal Singh Aged About 33 Years R/o Korandha, Post Jarhi, District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Banshipur

24. Kapildeo S/o Panchamram Aged About 40 Years R/o Vilage Dharampur, District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Dharampur

25. Ogar Singh S/o Shivnath Aged About 33 Years R/o Marwandha, District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Surajpur

26. Somar Sai S/o Kisunram Aged About 34 Years R/o Village Ketka, District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Ketka

27. Anil Singh S/o Ram Prasad Aged About 26 Years R/o Village Salhi, District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Surajpur

28. Sonamati Shandilya W/o Shiv Bhajan Ayam Aged About 28 Years R/o Village Pampapur, Post Khadganwa Kala, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Kerta

29. Chandra Pratap S/o Mohan Ram Aged About 38 Years R/o Village And Post Basdei, Tahsil And District Surajpur, Chhattisgarh, Presently Posted Chhattisgarh Rajya Gramin Bank Branch Basdei

30. Nani Gopal Das S/o Narayan Das Aged About 34 Years R/o Village P.V. 87, Jaidevpur, Post Bande, Village Panchayat Saber, Tahsil Pankhajur, District Kanker, Chhattisgarh Presently Posted C.G. Rajya Gramin Bank Branch Saber

31. Shatrughan Kunjam S/o Parasram Kunjam Aged About 35 Years R/o Village Badegauri, Post Lilesar, Tahsil Charama, District Kanker, Chhattisgarh, Presently Posted C.G. Rajya Gramin Bank Branch Charama

32. Ramnarayan Yadav S/o Bisambar Yadav Aged About 40 Years R/o Village 120, Lalbahadur Shastri Ward No. 9, Narharpur, District Uttar Bastar Kanker, Chhattisgarh, Presently Posted C.G. Rajya Gramin Bank Branch Narharpur.

33. Jaan Singh Markam S/o Late Ghasiya Ram Markam Aged About 29 Years R/o Village Dudhawa, Post Dudhawa, District Kanker, Chhattisgarh, Presently Posted C.G. Rajya Gramin Bank Branch Sarona

34. Rohit Kumar S/o Mohan Lal Aged About 26 Years R/o Village And Post Dudhawa, District Kanker, Chhattisgarh, Presently Posted C.G. Rajya Gramin Bank Branch Dudhawa

35. Devnarayan Gandharva S/o Dhaniram Gandharva Aged About 44 Years R/o B.R. Yadav Nagar, Ward No. 49, Bahtarai, Bilaspur, District Bilaspur, Chhattisgarh. Presently Posted Chhattisgarh Rajya Gramin Bank Branch Lingiyadih Page 14 of 23

36. Rajesh Kumar Sahu S/o Late Shri Manbodh Ram Sahu Aged About 31 Years R/o Radha Krishna Mandir, Chaingrajpara, Bilaspur, District Bilspur, Chhattisgarh. Presently Posted Chhattisgarh Rajya Gramin Bank Branch Ghutku.

37. Sagar Kumar Yadav S/o Rupesh Kumar Yadav Aged About 24 Years R/o Sargaon, Tahsil Pathariya, District Mungeli Chhattisgarh. Presently Posted Chhattisgarh Rajya Gramin Bank Branch Sargaon

38. Roshan Yadav S/o Mohan Yadav Aged About 27 Years R/o Village Dhamni, Post Chakarbhata Camp, District Bilaspur, Chhattisgarh. Presently Posted Chhattisgarh Rajya Gramin Bank Branch Bilha

39. Omprakash Yadav S/o Bhagat Lal Yadav Aged About 41 Years R/o Nagar Panchayat Sargaon, Ward No. 7, District Mungeli, Chhattisgarh. Presently Posted Chhattisgarh Rajya Gramin Bank Branch Bodri

40. Deepak Kumar Dewangan S/o Ishwar Dewangan Aged About 34 Years R/o Village And Post Pandariya, District Kabirdham, Chhattisgarh, Presently Posted C.G. Rajya Gramin Bank Branch Pandariya

41. Hemant Kumar Mandavi S/o Baldev Singh Mandavi Aged About 35 Years R/o Dogariya Navapara, Post Ranveerpur, Tahsil Lohara, District Kabirdham, Chhattisgarh, Presently Posted C. G. Rajya Gramin Bank Branch Ranveerpur

---- Petitioners Versus

1. Chhattisgarh Rajya Gramin Bank Through- Its President, Head Office Raipur Sunder Nagar, Mahadeo Ghat, Road Raipur, Chhattisgarh

2. The General Manager Head Office, Raipur Sunder Nagar, Mahadeo Ghat,road Raipur, Chhattisgarh

3. The Regional Manager Chhattisgarh Rajya Gramin Bank Regional Office Durg, In Front Of Khel Sing Petrol Pump, Ganj Para Durg, Chhattisgarh

4. The Regional Manager Chhattisgarh Rajya Gramin Bank Regional Office Bai Sagar Para Behind Of Hotel Awas Baikunthpur, District Koriya, Chhattisgarh

5. The Regional Manager Chhattisgarh Rajya Gramin Bank Regional Office Dhamtari, Ravi D.J. Bhawan Ambedkar Chowk, District Dhamtari, Chhattisgarh

6. The Regional Manager Chhattisgarh Rajya Gramin Bank Regional Office Bilaspur, D. D. S. Complex, Mungeli Naka Chowk Bilaspur, District Bilaspur, Chhattisgarh

7. The Regional Manager Chhattisgarh Rajya Gramin Bank Regional Office Rajnandgaon, Near Mundra Kunj G. E. Road, Rajnandgaon, Chhattisgarh

---- Respondents For Petitioners : Mr. Sudeep Johri, Advocate, Mr. K.N. Nande, Advocate, Mr. Anil Tawadkar, Advocate.

For Respondents : Mr. Sabyasachi Bhaduri, Advocate.

Page 15 of 23

Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 22.08.2022

1. As a common question of law and facts are involved in all the aforesaid bunch of Writ Petitions, they are heard analogously and are being disposed of by this common order. For sake of convenience WPS No. 4092 of 2019 is being treated as lead case.

2. The bunch of writ petitions have been filed by the petitioners who are working as daily wage employees with the respondent No. 2/Gramin Bank who is a Regional Rural bank constituted under the Regional Rural Act, 1976 (For short "the Act, 1976") and sponsored bank by the State Bank of India. In WPS No. 4062/2019, the petitioners have prayed for quashing of the advertisement dated 12.04.2019 issued by respondent No. 3 by which they have advertised for providing 51 daily wage employees through registered placement agency. The petitioners have also prayed for regularization of their service. Apart from the relief claimed in WPS No. 4062/2019, in WPS No. 3267/2021, the petitioners have prayed for directing the bank to produce the complete record in respect of appointment against sanctioned post of 577 posts and regularization of messengers in Chhattisgsarh Gramin Bank. In WPS No. 2678/2021, WPS No. 3249/2021, WPS No. 3254/2021, WPS No. 4328/2019, WPS No. 4329/2019, WPS No. 4299/2019, WPS No. 4300/2019, WPS No. 4304/2019, WPS No. 4305/2019, WPS No. 4327/2019, WPS No. 4326/2019, apart from the relief of regularization, petitioners have also prayed for quashing of the memo dated 16.03.2021 & 12.04.2019 respectively and procedure for appointment through placement agency which has been initiated. In WPS No. 4615/2021, apart from the prayer for regularization, they have also prayed for restraining the respondents from issuing the memo dated 17.07.2021 for engagement of daily wage employee through placement agency.

3. For deciding the bunch of petitions, the facts of WPS No. 4092 of 2019 have been taken into consideration.

4. The petitioners, who are working as daily wage messengers in the bank, Page 16 of 23 have filed the petitions challenging the advertisement dated 12.04.2019 issued by the Regional Manager, Chhattisgarh Rajya Gramin Bank, Regional Office, Baikunthpur, District Koriya (Respondent No. 3) by which advertisement for 51 daily wage employees through registered placement agency for working in the branches has been issued.

5. Learned counsel for the petitioners would submit that the petitioners have also prayed for in this petition for regularization of service and claiming service conditions and pay parity at par with other regular employees who are working with the bank and their service has been regularized. It has been further contended that the petitioners have completed the requisite length of service which is required for regularization of their service. The learned counsel for the petitioners would submit that the National Tribunal for Regional Rural Bank at Hyderabad has passed an award known as Obul Reddy Award on 30th April, 1990. Paragraph 4.410 of the award deals with the framing of scheme for regularizing part time sweepers-cum- messengers. The relevant part of the award is reproduced below:-

"Para 4.410.- In view of the authority pronouncements of the Surpeme Court must be held that the part-time sweepers-cum- messengers who were employed on daily wages or on half of the salary or on some other proportion of the salary of a regular messenger, will be entitled to their various claims such as equal pay and all other attendant benefits as are admissible to regulary appointed full time messengers in the respective RRBs. That there was/is no sanctioned post of a regular messenger in a branch or the head office is absolutely irrelevant and immaterial in view of the proved facts that the so called part-time messengers, whether on daily wages or on some other basis, were made to work full time by their respective managements. The Managements cannot extract full time work and even beyond the working hours from the socalled part-time messengers by merely showing them in the acquittance rolls as part-time employees paid on either daily wages or some other basis, or on some proportionate basis. Their services shall be regularised with effect from the date of their continuos engagement. If deemed necessary it will be open to the Government or the RRBs as the case may be, to sanction the required number of posts to accommodate the writ petitioner and all those belonging to their class. "Para 4.425.- What flows from my findings is that the Officers and other employees of RRBs will be entitled to claim parity with the Officers and other employees of the Sponsor Banks in the matter of pay scales, allowances and other benefits. What Page 17 of 23 stems from this finding is the date from which effect should be given to the Award. I have given my anxious consideration as to the date from which the Award should be given effect. The Writ Petition No. 7149-50/82 and 132/84 were not filed at one and the same time. They were filed on different dates. Petitioners in W.P. Nos. 7149-50/82 claimed reliefs from the date of establishment of RRBs. Petitioners in W.P. No.132/84 did not specify any date but in their claim statement filed before me they have asked for effect being given from the date of Writ Petition i.e. 16-09-1984. I think it would be proper, just and reasonable, if I direct that the Award shall be given effect from 01st day of September, 1987, the date on which the Supreme Court passed the order directing the Central Government to constitute the Tribunal."

6. Learned counsel for the petitioners would further submit that regularization for part time sweeper-cum-messenger has come up for consideration before Hon'ble High Court of Karnataka at Bangalore in Writ Petition No. 13580/2001 (decided on 3rd March, 2006) wherein the High Court has passed certain direction for framing of the scheme, against which writ appeal was preferred which has also been dismissed and against that SLP was preferred which has also been dismissed. In Writ Petition No. 13580/2001, Hon'ble Single Bench has passed the following order:-

"7. A reading of the above two paras of the award makes it clear, that the services of the part time sweeper-cum- messenger appointed on daily wages or on half of the salary or some of the proportion of the salary are entitled for various claims including the regularisation of their services from the date of their continuous engagement. This Court while considering the date of regularisation of the similary placed employees of Regional Rural Bank, that is, Kolar Grameena Bank in W.P. No. 29697/1995 held, that the daily wagers or the part time Sweeper-cum-Messangers are entitled for regularization of their services on full time basis from the date of their initial engagement. I am in respectful agreement with the finding of the learned Single Judge in his order dated 01.03.2000 in W.P. No. 29697/1995. Therefore, the 102 employees of the petitioner's Union are entitled for regularisation of their services from the date of their initial engagement.

8. The contention of the learned counsel for the respondent- Bank that award itself specifies the date on which it will come into effect, that is, 01-09-1987 and therefore the respondent- Bank is justified in regularising the 102 employees with effect from the date mentioned against the names of each employee as found at Annexure-'B' is unacceptable to me. Firstly a perusal of Annexure-'B' specifies, that the respondent-Bank Page 18 of 23 has given effect to the regularisation of certain employees even prior to the date 01-09-1987 specifies in the award. The respondent-Bank has given effect of the regularisation to certain employees in 1986. Secondly when the award itself specifies the date of initial engagement, daily wagers or sweepers-cum-messengers are entitled for regularisation of their services. The question or giving effect from 01.09.1987 will not arise.

9. It is not in dispute that the 102 employees mentioned in Annexure-'B' are initially engaged on various dates between 1977-1906 as stated in Annexure- 'B'."

7. Against that Writ Appeal No. 147/2020, 203/2020, 204/2020 & 616/2021 was filed wherein the Hon'ble Division Bench has passed following order:-

"12. In the considered opinion of this Court, directions issued by the learned single Judge in the impugned order similar to the directions issued in W.P. No. 2477 of 2011 dated 27.12.2017 passed by another learned single Jude of this Court do no suffer from any error of law or material irregularity. The respondent Nos. 1 and 2 in W.P. No. 24779 of 2011 are Chaitanya Grameena Bank, represented by its Chairman and Manager respectively, established under The Regional Rural Banks Act 1976. In the instant writ petitions also, respondent No. 1 is Andhra Pradesh Grameena Vikas Bank established under the same Act. Hence, the learned single Judge was justified in issuing similar directions as was issued in W.P. No. 24779 of 2011 dated 27.12.2017. Insofar as the contention of the learned counsel for the bank that the writ petitioners have not put in 5 to 10 years of service and that they are not in continuous service, is concerned, it needs to be noted that the learned single Judge observed that each individual case of the writ petitioners has to be considered after framing the scheme. In the opinion of this Court the bank is in no way prejudiced by such observations and directions. Thus, this Court finds no ground to entertain these appeals."

8. Against that Special Leave Petition (Civil) No. 12739/2022 has been filed before Hon'ble the Supreme Court wherein the Hon'ble Supreme Court has held as under:-

"It is further submitted that, after 2018, all the concerned employees-messengers/attenders are appointed through contractors.

On the other hand, Mr. Pratap N. Sanghi, learned Senior Advocate, for the original writ petitioners has submitted that, as such, by the impugned judgment and order, the High Court has directed to frame the Scheme for regularization and thereafter to consider the case of each employee independently and individually.

Having heard learned counsel for the respective parties Page 19 of 23 and having gone through the impugned judgment and order passed by the Division Bench as well as the learned Single Judge, it can be seen that, as such, there are no specific directions issued by the High Court directing the petitioner- Bank to regularize the services of the concerned employees- messengers/attenders/original writ petitioners. The High Court has only directed to frame the Scheme for regularization - the modalities and the manner in which the regularization Scheme should be framed is left to the petitioner-Bank. The High Court has directed that, after the regularization Scheme is framed, the case of the each concerned employee-

messenger/attender/original writ petitioners shall be considered individually.

In that view of the matter and with the above clarification, we see no reason to interfere with the impugned judgment and order passed by the High Court."

9. Learned counsel for the petitioners would submit that the award passed by National Industrial Tribunal by Shri Justice S. Obul Reddi dated 30.04.1990 is applicable to the respondent bank, therefore, as per the paragraph 4.410, the respondent bank should have framed the scheme for regularization of the service. He would further submit that the order passed by Hon'ble Single Bench of Karnataka High Court affirmed by Hon'ble the Division Bench and further uphold by Hon'ble the Supreme Court, is squarely applicable to the facts of the present case. He would further submit that the posts of 577 sweeper-cum-messenger are still lying vacant, therefore, a direction be kindly issued to the bank to frame issue.

10. On the other hand, learned counsel for the bank would submit that the petitioners are daily wage employees, therefore, they cannot claim for regularization as a matter of right and he would further submit that there is no rule or regulation has been placed before this Court to claim regularization of their service. He would further submit that claim of the daily wage employees has come up for consideration before Hon'ble the Supreme Court in case of Union of India Vs. Iimo Devi & another1 and he would refer to paragraph 27 & 28 of the judgment and would pray for dismissal of the writ petitions and would also pray for vacating the interim order as this Court vide its order dated 31.05.2021 has directed that as an interim measure no coercive steps shall be taken against the petitioners causing difficulties them to appoint from placement agency for 51 branches 1 2021 SCC OnLine SC 899 Page 20 of 23 which is hampering day to day working of the bank.

11. I have heard learned counsel for the parties and perused the documents placed on record with utmost satisfaction.

12. From perusal of the National Award, it is quite vivid that the said award was passed by the National Tribunal, which has been constituted in pursuance of the judgment passed by Supreme Court wherein the claim of messenger and sweeper for regularization has been considered and certain directions have been passed in paragraph 4.410 & 4.425. From bare perusal of the award, it is quite reflected that in the case of the messengers and sweepers who have worked for so many years, their claim has to be considered. This award is also applicable to the Regional Rural Bank functioning in the State of Chhattisgarh as the bank has been constituted under the Act, 1976. Section 2(f) defines Regional Rural Bank, Section 2(g) defines Sponsor Bank & Section 3 provides establishment and incorporation of Regional Rural Bank. Section 2(f), 2(g) & Section 3 read as under:-

"Section 2 (f)- "Regional Rural Bank" means a Regional Rural Bank established under sub-section (1) of section 3. Section 2 (g)- "Sponsor Bank" in relation to a Regional Rural Bank, means a bank by which such Regional Rural Bank has been sponsored.

Section 3- Establishment and incorporation of Regional Rural Banks.--(1) The Central Government may, if requested so to do by a Sponsor Bank, by notification in the Official Gazette, establish in a State or Union territory, one or more Regional Rural Banks with such name as may be specified in the Notification and may by the said or subsequent notification, specify the local limits within which each Regional Rural Bank shall operate.

(2) Every Regional Rural Bank shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract and may sue and be sued in its name.

[(3) It shall be the duty of the Sponsor Bank to aid and assist the Regional Rural Bank, sponsored by it, by--

(a) subscribing to the share capital of such Regional Rural Bank;

(b) training personnel of such Regional Rural Bank; and

(c) providing such managerial and financial assistance to such Regional Rural Bank during the first five years of its functioning, as may be mutually agreed upon between the Page 21 of 23 Sponsor Bank and the Regional Rural Bank: Provided that the Central Government may, either on its own motion or on the recommendation of the National Bank, extend the said period of five years by such further period, not exceeding five years at a time, subject to such conditions as it may deem fit to impose.]"

13. Considering the said award, Hon'ble High Court of Karnataka has directed the Regional Rural Bank of State of Karnataka to frame scheme and that order has attained finality. Therefore, it can be directed the bank to frame the scheme for regularization of sweeper and messenger. The bank while framing the scheme shall examine whether the sanctioned posts of sweeper-cum-messenger are lying vacant or what will be the length of service for regularizing the services and the criteria. The same shall be framed within four months from the date of receipt of copy of this order. The interim order passed by this Court shall continue till the scheme is framed and case of the petitioner and other employees has been considered by the bank for regularization. It is further directed that the bank is free to fix the criteria for regularizing the service according to their necessities.

14. The petitioners have also prayed for regularization of their service, the prayer for regularization of service cannot be considered as what should be the criteria and whether the petitioners are fulfilling the criteria cannot be examined by this Court as it is disputed question of facts. This can be very well examined by the Central Government Industrial Tribunal-cum-Labour Court who can very well ascertain the facts pleaded by the petitioners and denied by the bank. This issue has come up for consideration before Hon'ble the Supreme Court in Maharashtra State Road Transport Corporation & another Vs. Casteribe Rajya Parivahan Karmchari Sanghatana2, wherein it has been held at paragraph 30 to 36 as under:-

"30. The question that arises for consideration is: have the provisions of MRTU & PULP Act denuded of the statutory status by the Constitution Bench decision in Umadevi1. In our judgment, it is not.

31. The purpose and object of MRTU & PULP AIR 1967 SC 1071 (1972) 1 SCC 409 (1979) 4 SCC 507 Act, inter alia, is to define and provide for prevention of certain unfair labour practices as listed in Schedule II, III and IV. MRTU & PULP Act empowers the Industrial and Labour Courts to decide that the 2 (2009) 8 SCC 556 Page 22 of 23 person named in the complaint has engaged in or is engaged in unfair labour practice and if the unfair labour practice is proved, to declare that an unfair labour practice has been engaged in or is being engaged in by that person and direct such person to cease and desist from such unfair labour practice and take such affirmative action (including payment of reasonable compensation to the employee or employees affected by the unfair labour practice, or reinstatement of the employee or employees with or without back wages, or the payment of reasonable compensation), as may in the opinion of the Court be necessary to effectuate policy of the Act.

32. The power given to the Industrial and Labour Courts under Section 30 is very wide and the affirmative action mentioned therein is inclusive and not exhaustive. Employing badlis, casuals or temporaries and to continue them as such for years with the object of depriving them of the status and privileges of permanent employees is an unfair labour practice on the part of the employer under item 6 of Schedule IV. Once such unfair labour practice on the part of the employer is established in the complaint, the Industrial and Labour Courts are empowered to issue preventive as well as positive direction to an erring employer.

33. The provisions of MRTU & PULP Act and the powers of Industrial and Labour Courts provided therein were not at all under consideration in the case of Umadevi1. As a matter of fact, the issue like the present one pertaining to unfair labour practice was not at all referred, considered or decided in Umadevi. Unfair labour practice on the part of the employer in engaging employees as badlies, casuals or temporaries and to continue them as such for years with the object of depriving them of the status and privileges of permanent employees as provided in item 6 of Schedule IV and the power of Industrial and Labour Courts under Section 30 of the Act did not fall for adjudication or consideration before the Constitution Bench.

34. It is true that the case of Dharwad District PWD Literate Daily Wage Employees Assn.7 arising out of industrial adjudication has been considered in Umadevi1 and that decision has been held to be not laying down the correct law but a careful and complete reading of decision in Umadevi1 leaves no manner of doubt that what this Court was concerned in Umadevi was the exercise of power by the High Courts under Article 226 and this Court under Article 32 of the Constitution of India in the matters of public employment where the employees have been engaged as contractual, temporary or casual workers not based on proper selection as recognized by the rules or procedure and yet orders of their regularization and conferring them status of permanency have been passed.

35. Umadevi is an authoritative pronouncement for the Page 23 of 23 proposition that Supreme Court (Article 32) and High Courts (Article 226) should not issue directions of absorption, regularization or permanent continuance of temporary, contractual, casual, daily wage or ad-hoc employees unless the recruitment itself was made regularly in terms of constitutional scheme.

36. Umadevi does not denude the Industrial and Labour Courts of their statutory power under Section 30 read with Section 32 of MRTU & PULP Act to order permanency of the workers who have been victim of unfair labour practice on the part of the employer under item 6 of Schedule IV where the posts on which they have been working exists. Umadevi cannot be held to have overridden the powers of Industrial and Labour Courts in passing appropriate order under Section 30 of MRTU & PULP Act, once unfair labour practice on the part of the employer under item 6 of Schedule IV is established."

15. Considering the law on the subject, it is directed that the respondent bank shall frame the scheme for regularization of sweeper-cum-messenger within an outer limit of six months from the date of receipt of copy of this order and prayer for regularization of the service is rejected reserving liberty to raise industrial dispute as eligibility for regularization is disputed fact, which can be ascertained by the Central Government Industrial Tribunal after examination of the evidence and material placed before it.

16. In view of the aforesaid observations and directions, the writ petitions are allowed in part.

Sd/-

(Narendra Kumar Vyas) Judge Saurabh

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