IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WA.No. 768 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.335/2008 Dated 28/03/2008 .................... APPELLANTS: ----------- 1. THE PART-TIME ADMINISTRAROR THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD KOLLAM 1 2. THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD REP BY ITS GENERAL MANAGER HEAD OFFICE THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD KOLLAM 1 3. BRANCH MANAGER THENMALA BRANCH THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD THENMALA, KOLLAM 4. BRANCH MANAGER, SOORANAD BRANCH THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD SOORANAD, KOLLAM 5. BRANCH MANAGER, KARAVALOOR BRANCH THE KOLLAM DISTRICT CO-OP. BANK LTD KARAVALOOR, KOLLAM 6. BRANCH MANAGER, CHANDANATHOPPE BRANCH THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD CHANDANATHOPPE, KOLLAM 7. BRANCH MANAGER PUTHOOR BRANCH THE KOLLAM DISTRICT CO-OP BANK LTD PUTHOOR, KOLLAM 8. BRANCH MANAGER, CHITHARA BRANCH THE KOLLAM DISTRICT CO-OP BANK CHITHARA, KOLLAM WA NO.768/08 -2- 9. BRANCH MANAGER ANCHALMOODU BRANCH KOLLAM DISTRICT CO-OPERATIVE BANK LTD ANCHALMOODU, KOLLAM 10. BRANCH MANAGER, CHAMAKKADA BRANCH CHAMAKKADA BRANCH KOLLAM DISTRICT CO-OP BANK CHAMAKKADA, KOLLAM 11. BRANCH MANAGER NORTH MYNAGAPPALLY BRANCH KOLLAM DISTRICT CO-OPERATIVE BANK LTD NORTH MYNAGAPPALLY, KOLLAM 12. BRANCH MANAGER, KUNDARA BRANCH KOLLAM DISTRICT CO-OP BANK KUNDARA KOLLAM BY ADV. SRI.B.VINOD,SC,THE KOLLAM DT.CO-OP.BANK RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 4: ------------- 1. C.LALITHA, PART TIME SWEEPER KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT RAJANI BHAVAN, NEDUTHERY PATTAZHY PO, KOLLAM 2. V.G.LENIN, PART-TIME SWEEPR KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT VALIAZHIAKOM, ASHRAMOM, KOLLAM 3. V.MANIAMMA PART-TIME SWEEPR KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT KOTTURATHU VEEDU SOORANADU NORTH, AYANADU, KOLLAM 4. D.LISY PART-TIME SWEEPR KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT KIZHAKKEVILA VEEDU, KARAVALOOR PO PUNALUR VIA, KOLLAM 5. T.SHEEJAMMA PART-TIME SWEEPR KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT UDAYA BHAVAN, KOTTAPPURAM PARAVUR, KOLLAM 6. ALKA.G.NAIR, PART-TIME SWEEPR KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT VIJAYA MANDIRAM, KOTTATHALA PO KOTTARAKKARA WA 768/08 -3- 7. `R.VINODKUMAR, PART TIME SWEEPER KOLLAM DISTRICT CO OP BANK LTD RESIDING AT SANKARAVILASOM, ASHRAMOM, KOLLAM 8. V.SINI, PART-TIME SWEEPR KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT LOUS KARAYAM, KADAKKAL, EDATHARA PO,KOLLAM 9. B.S.NEETHU, PART-TIME SWEEPR KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT ATTUPURAM, PATTAMTHURUTHU PO MANTHROTHURUTHU, KOLLAM 10. N.ASHITHA, PART-TIME SWEEPR KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT PAZHAYA VEEDU, BEACH NORTH, KOLLAM 11. K.RAJENDRAN, PART-TIME SWEEPR KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT PUTHANVEETIL THOZHUVAYALIL NORTH MYNAGAPPALLY PO KUNNATHUR 12. CHRISTANTIA, PART-TIME SWEEPER KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT VILAYIL VEEDU KANJIRAKODU 13. S.MANOJ, DRIVER THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD RESIDING AT KADAKATHU VEEDU, ERAVIPURAM PO, KOLLAM 14. STATE OF KERALA REP BY THE CHIEF SECRETARY TO GOVT GOVT OF KERALA, TVM 15. SECRETARY TO GOVT DEPARTMENT OF CO-OPERATION GOVT SECRETARIAT, TVM 16. THE REGISTRAR OF CO-OPERATIVE SOCIETIES TVM 17. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOLLAM R1 TO R13 BY SHRI.P B SURESHKUMAR Government Pleader MR.K.SANDESH RAJA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. -------------------------------------------------------------------------------- Writ Appeal No.768 of 2008 -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. Respondents 5 to 16 in the Writ Petition are the appellants. The Kollam District Co-operative Bank is the second appellant and its part-time Administrator is the first appellant. According to the bank, at present there are 16 part-time Sweepers engaged in excess of the sanctioned strength of part- time sweepers which is 62. Therefore, they are terminated by Ext.P1. A Driver is also terminated as appointment to the post of Driver can only be through the Public Service Commission. The terminated part-time sweepers and the driver filed the Writ Petition challenging the termination on various grounds including on the ground of violation of the principles of natural justice. The learned single Judge granted interim stay of their termination after hearing both sides. Hence this appeal. 2. The learned counsel for the writ petitioner submitted that the claim of the appellants that the sanctioned strength of part-time sweepers is only 62 is untenable. So far, the strength of part-time sweepers in the bank has not been fixed by any competent forum. Therefore, the claim of the part-time WA 768/08 2 Administrator that the 16 part-time sweepers are in excess of the sanctioned strength is untenable, it is submitted. 3. The engagement of a driver in a post which has to be filled up through the Public Service Commission, prima facie, cannot be sustained. If there is a vacancy and there is no PSC list, the vacancy has to be reported to the employment exchange. So, the stay granted in respect of the 13th respondent herein is untenable. If the bank says, the 16 part-time sweepers are excess hands and therefore, their services are not required, we feel that this Court is not justified in thrusting those employees on the unwilling management. But, the bank cannot be permitted to throw them out and engage persons of their choice. Therefore, we vacate the interim order granted by the learned single Judge. But, it is clarified that if any part-time sweeper is engaged in the Head Office or any of the concerned branches of the bank, the retrenched hands shall be preferred. The Writ Appeal is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE 01.04.2008 P.N.RAVINDRAN, JUDGE WA 768/08 3 sta