1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER Makhan Lal Gupta Vs. State Bank of Patiala & Anr. S.B.CIVIL WRIT PETITION NO.5846/2005 Date of Order : : 22/09/2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.A.K.Rajvanshy, for the petitioner. Mr.R.K.Singhal, for the respondents. BY THE COURT: By an application being IA No.12536/2008, the respondents seek dismissal of the writ petition filed by the writ petitioner in terms of the decision of Hon'ble Supreme Court in A.P.Bank Deposit Collectors Association & Anr. Vs. State Bank of India & Anr.; Transfer Case (Civil) 79 of 2005 and many other transfer petitions, dated 28th February, 2008 Annexure- R/1/1. I have heard learned counsel for the parties. By the instant writ petition, the petitioner has challenged the order Annexure-2 dated 31st August, 2005 2 issued by the respondent-State Bank of Patiala on the strength of the instructions issued by Head Office of the respondent- Bank. The petitioner was directed not to open the fresh accounts under the Janata Deposit Scheme by the order Annexure-2. Learned counsel for the respondent submits that Janata Deposit Scheme introduced by the respondent-Bank in the year 1971, is a policy decision and subsequently, it was not found viable and therefore, by circular dated 4th June, 2001, the scheme was abandoned/discontinued. Learned counsel also submits that challenging the discontinuation of the Janata Deposit Scheme, various writ petitions were filed in the different High Courts in the country and ultimately, the Hon'ble Supreme called and transferred to it all those writ petitions challenging the circular dated 4th June, 2001 issued by the State Bank of India discontinuing the Janata Deposit Scheme. By judgment dated 28th February, 2008, all the writ petitions came to be dismissed by the Hon'ble Supreme Court holding therein that when the concerned authority introduced the Scheme as a policy decision, the same authority can discontinue or abandon the Scheme in accordance with a policy decision of the concerned authority. In that case, while referring the decision of Hon'ble Supreme Court in Indian 3 Banks Association vs. workmen of Syndicate Bank and Ors., 2001(3) SCC 36, the petitioners therein raised contention that the employees in Janata Fixed Deposit Scheme are workmen and without following the procedure as provided under Section 25-F of the Industrial Disputes Act, 1947, they cannot be retrenched and if retrenched, they are entitled to retrenchment compensation under Section 25-F of Industrial Disputes Act. The Hon'ble Supreme Court did not find any substance in the contention and held that the Scheme itself has been abandoned by way of policy decision and, therefore, the Court did not see any infraction of Section 25F of the Industrial Disputes Act. In this view of the matter, since the controversy involved in the instant writ petition came to be decided by Hon'ble Supreme Court and the Janata Deposit Scheme has been discontinued w.e.f. 1st July, 2001, therefore, in my view, the petitioner is not entitled for any relief prayed for. The writ petition is, therefore, dismissed. No order as to costs. Stay petition also stands dismissed. Application being IA No.12536/2008 stands, accordingly, disposed of. (H.R.PANWAR), J. NK