IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 OP.No. 8456 of 2002(F) -------------------------------- PETITIONER: ------------------- K.BHASKARAN, RESIDING AT 39/1239, 'SAJ BHAVAN', CHALIL, PUTHIYANGADI P.O.,KOZHIKODE. BY ADV. MR.B.G.BIDAN CHANDRAN. RESPONDENTS: ------------------------ 1. THE CATHOLIC SYRIAN BANK LTD., REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE, ST.MARYS COLLEGE ROAD, THRISSUR, PIN 680 020. 2. THE DISCIPLINARY AUTHORITY, CATHOLIC SYRIAN BANK LTD., HEAD OFFICE, ST.MARYS COLLEGE ROAD, THRISSUR. 3. T.I.GEORGE, ENQUIRY OFFICER, CHIEF MANAGER CREDIT (D), CATHOLIC SYRIAN BANK LTD., THRISSUR. BY S.C, CATHOLIC SYRIAN BANK. THIS ORIGINAL PETITION HAVING COME UP FOR ADMISSION ON 31/03/2009, ALONG WITH O.P. NO. 8642/2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.SIRI JAGAN, J. ================== O.P.Nos.8456 & 8642 of 2002 ================== Dated this the 31st day of March, 2009 J U D G M E N T In both these original petitions, the petitioner is challenging orders passed pursuant to the disciplinary proceedings initiated by the Catholic Syrian Bank Ltd., the 1st respondent herein. I am not inclined to entertain these original petitions in so far as the Catholic Syrian Bank Ltd. is not a “State or other authority” coming within the purview of Article 12 of the Constitution of India. In the matter of disciplinary proceedings against its employees, the Bank is not exercising any public function also. Therefore, in respect of such disciplinary proceedings no writ petition under Article 226 would lie against the 1st respondent. The petitioner's remedy lies in either raising an industrial dispute or filing a suit, if an industrial dispute is not maintainable. Therefore, without prejudice to that right, these original petitions are dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.Nos.8456(F) & 8642/2002 ================== J U D G M E N T 31st March, 2009