IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 35504 of 2009(G) -------------------------- PETITIONER(S): --------------- HARIDAS.S., S/O. SREENIVASAN MOORTHI, KURIYATHOTTAM VAYAL, KOTTAKKAKOM WARD, KOLLAM-13. BY ADV. SRI.O.D.SIVADAS SRI.S.SHAJI RESPONDENT(S): --------------- 1. THE DEPUTY GENERAL MANAGER, STATE BANK OF INIDA, ZONAL OFFICE, L.M.S. COMPOUND, THIRUVANANTHAPURAM. 2. THE ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, KOLLAM. ADV. SRI.P.V.SURENDRANATH FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, ALONG WITH WPC NO. 36402 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) Nos. 35504 & 36402 of 2009 ``````````````````````````````````````````````````````` Dated this the 23rd day of March, 2010 J U D G M E N T These writ petitions were filed mainly with the prayer to issue a writ of mandamus directing the respondents to appoint the petitioners as Messengers in the new branches of the State Bank of India either on permanent or on temporary basis. Their claim is founded on the temporary service rendered by them earlier with the respondent. At the admission stage itself, the respondents were directed to file a statement. In compliance with the direction, the respondents have filed a statement which would reveal the fact that the petitioners have concealed a crucial fact that the claims raised by the petitioners herein were earlier adjudicated upon reference by the Central Government Industrial Tribunal Cum Labour Court, Ernakulam in I.D.No.165/2006. Copy of the said award of the Tribunal was also produced along with the statement as Annexure-R1(c). Annexure-R1(c) would reveal that the State Bank's Staff Union espoused the cause of the petitioners and similarly situated persons in I.D.No.165/2006 and as per Annexure-R1(c) an award has been passed holding that the action WPC.35504&36402/2010 : 2 : of the management in terminating the services of 84 empanelled temporary Messengers is legal and justified and, therefore, they are not entitled to any relief. Admittedly, the petitioners are among the said 84 empanelled temporary Messengers. After suffering such award, they allowed it to become final. Virtually, the petitioners are challenging their alleged termination on 31-03-1997 and claiming the reliefs based on their earlier temporary service under the State Bank of India. It was after considering the claims of all the 84 employees raised by the union that Ext.R1(c) award was passed. It was held that they are not entitled to any reliefs based on such temporary service. In that view of the matter, I am of the considered opinion that the petitioners have purposely concealed those facts in the Writ Petition. Though the action on the part of the petitioners as mentioned above calls for action, I am refraining from taking any further action in this matter. These writ petitions are devoid of any merit and accordingly they are dismissed. (C.T.RAVIKUMAR, JUDGE) aks