IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH AUGUST, 2009 / 28TH SRAVANA, 1931 WP(C).No. 32571 of 2004 (C) PETITIONER: ----------------- P. SUSEELA, JAYAVILASOM, VELLANADU, THIRUVANANTHAPURAM. BY ADV. SRI.A.RAJASEKHARAN NAIR RESPONDENTS: ---------------------- 1. THE INDUSTRIAL TRIBUNAL, KOLLAM. 2. THE REGIONAL MANAGER, SYNDICATE BANK, REGIONAL OFFICE, SASTHA KRIPA OFFICE COMPLEX, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER, SYNDICATE BANK, VELLANADU BRANCH, THIRUVANANTHAPURAM. 4. SMT.B. SUNITHA, KARIMKUTTY MARIJAN COLONY, URIYACODE, VELLANADU, THIRUVANANTHAPURAM. BY ADV. SRI.M.P.ASHOK KUMAR FOR R2 SRI.ANIL NARAYANAN FOR R4 SRI.S.D.ASOKAN FOR R4 SRI.NIDHI BALACHANDRAN FOR R4 SRI.R.SREERAJ FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(C) NO.32571 OF 2004) PETITIONER'S EXHIBITS: Ext.P1: Copy of Circular issued by the Syndicate Bank, Zonal Office. Ext.P2: Copy of Gradation list prepared by the Bank as on 31.3.1996. Ext.P3: Copy of memorandum of Settlement signed between the representatives of the Syndicate Bank Employees Union and the Zonal Office management. Ext.P4: Copy of the appointment order dtd.17.12.1990. Ext.P5: Copy of communication from the Bank dtd.7.11.1997. Ext.P6: Copy of order in ID 44 of 1999 of the 1st respondent dtd.2.8.94. -True Copy- P.S.TO JUDGE. C.N.RAMACHANDRAN NAIR , J. --------------------------------------------- W.P(C).No. 32571 of 2004 - C --------------------------------------------- Dated this the 19th day of August, 2009 J U D G M E N T Ramachandran Nair,J: The petitioner is challenging Ext.P6 award passed by the Industrial Tribunal, Kollam, vacating her appointment as a Part Time Sweeper in the third respondent-Bank and simultaneously, issuing a direction to the Bank to appoint the fourth respondent in her place. 2. I have heard counsel appearing for the petitioner and respondents 3 and 4. 3. On facts, the mother of the petitioner was a Part-time Sweeper in the same branch of the Bank from 1978 onwards. Under the conditions of employment of Part-time Sweepers, during the days of the absence of the Part-time Sweeper, she had to arrange a Badali Part-time Sweeper. As and when the W.P(C). NO.32571 OF 2004 :-2-: petitioner's mother took leave, she had worked as Badali Part-time Sweeper on all days her mother was absent. The petitioner's mother retired on 30.10.1998 and from among the applicants, the Bank appointed the petitioner as Part-time Sweeper from 1.11.1998 onwards. However, the fourth respondent raised a dispute stating that she has better claim over the petitioner for appointment as Part-time Sweeper. Admittedly, the petitioner has worked for 504 days as a Part-time Sweeper prior to the appointment on the retirement of her mother and according to her, the fourth respondent had worked as Part-time Sweeper only for 54 days and so much so, going by the seniority, she is entitled to appointment and the Bank had rightly granted it. Even though the management contended that appointment of the petitioner was based on settlement between the union and the Bank, the Industrial Tribunal noticed that W.P(C). NO.32571 OF 2004 :-3-: such settlement is illegal because according to the Tribunal, as a Part-time Sweeper, the fourth respondent is senior in service. On going through the award, I notice that the period of substituted service rendered by the petitioner during the absence of her mother as Part- time Sweeper was not considered by the Industrial Tribunal. Admittedly, since the appointment of the petitioner was on 1st November,1998, and she continues even today as Part-time Sweeper, by virtue of the interim order passed by this Court, I do not think, the finding of the Industrial Tribunal is tenable because admittedly, the petitioner has longer duration of service as Part-time Sweeper in the Bank. I therefore vacate Ext.P6 award of the Industrial Tribunal and uphold the appointment of the petitioner in the Bank as Part-time Sweeper. However, I make it clear that if any vacancy of Part-time Sweeper comes in the near-by branches of the Syndicate W.P(C). NO.32571 OF 2004 :-4-: Bank, the Bank should consider the appointment of the fourth respondent. C.N.Ramachandran Nair, Judge. MBS/ W.P(C). NO.32571 OF 2004 :-5-: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------------- I.T.A.NO. OF 200 -------------------------------------------- J U D G M E N T W.P(C). NO.32571 OF 2004 :-6-: DATED: -9-2009