IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 29040 of 2008(F) -------------------------- PETITIONER(S): --------------- K.GOPAKUMAR, AGED 40 YEARS, S/O.P.KRISHNAN ACHARI, T.C. 38/2382, ARYASALAI, CHALAI P.O., THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S): --------------- 1. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, SANTHI NAGAR BRANCH, THIRUVANANTHAPURAM. 2. THE DEPUTY GENERAL MANAGER, STATE BANK OF TRAVANCORE, ZONAL OFFICE, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE ZONAL MANAGER, STATE BANK OF TRAVANCORE, ZONAL OFFICE, SANTHI NAGAR, THIRUVANANTHAPURAM. 4. THE CHAIRMAN, STATE BANK OF TRAVANCORE, HEAD OFFICE, POOJAPPURA, THIRUVANANTHAPURAM. ADV. SRI.M.PATHROSE MATTHAI (SR.) FOR R1 TO 4 SRI.SAJI VARGHESE FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) No.29040 of 2008 ----------------------------- Dated this 12th day of November, 2008 J U D G M E N T The petitioner, a Jewel Appraiser engaged by the Branch Manager, State Bank of Travancore, Santhi Nagar Branch, Thiruvananthapuram has filed this writ petition aggrieved by Ext.P4 letter dated 8-7-2008 whereby the Deputy General Manager of the State Bank of Travancore at its Zonal Office in Thiruvananthapuram informed him that the Bank has taken a decision not to continue to engage him as Appraiser in any of its branches. The petitioner contends that Ext.P4 is mala fide and has been issued because he had exposed illegal activities being carried on in the branch where he was engaged as Appraiser. The petitioner has in this writ petition prayed for quashing Ext.P4 and sought a writ in the nature of mandamus commanding the respondents to continue to engage him as Jewel Appraiser. 2. The Apex Court has in Indian Overseas Bank Vs. Workmen [(2006) 3 SCC 729], held that an Appraiser engaged by the Bank is not an employee of the Bank and that it is not obligatory for the Bank to engage any particular Jewel Appraiser or to allot work to him. The Apex Court has held that unlike regular employees of Banks, Jewel Appraisers have no fixed W.P.(C) No.29040 of 2008 2 working hours and no guaranteed payment. They are also not subject to disciplinary control. Their charges are paid by its customers. They are not subject to transfer and have no retirement age and are free to carry on any avocation or occupation. The Apex Court has in Indian Overseas Bank v. Workmen (supra) also held that engagement of Jewel Appraisers is something within the sole discretion of the Branch Manager concerned. In the light of the decision of the Apex Court in Indian Overseas Bank (supra) the petitioner cannot seek or be granted the reliefs prayed for by him. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE bps