Andhra Pradesh High Court

WP/5751/2013 of M. Benji Vs Andhra Pragathi Grameena Bank, on 31 December 2024

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COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5751 OF 2013 Between; 1. M. Benji, S/o. Dass, aged about 45 years, Occ: Temporary Part-time

IN THE HIGH COURT OF ANDHRA PRADESH(Special Original Jurisdiction)

:: AMARAVATI

TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 5751 OF 2013

Between;

1. M. Benji, S/o. Dass, aged about 45 years, Occ: Temporary[Part-time]Messenger,C/o.AndhraPragathiGrameenaBank,VumulapaduBranch, Prakasam District.

...Petitioner

AND

1. Andhra Pragathi Grameena Bank, rep. by its Chairman,[Heads][ Office,]Kadapa.Kadapa.

2. The General Manager, Andhra Pragathi Grameena Bank,[Head][ Office,]Kadapa.Kadapa.

...Respondents

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a Writ of Mandamus or any other appropriate writOrder or Orders, Direction or Directions to direct the respondents to act inaccordance with law and to consider and appoint the petitioner in the postof Messenger-cum-Sweepers in the existing vacancies[in][ accordance][ with]Section 25-H of Industrial Disputes Act with all consequential[benefits]

I.A. NO: 1 OF 2013IWPMP. NO: 7144 OF 2013)

Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the respondents to consider the case of the petitioners inaccordance with Section 25-H of the Industrial Disputes Act, 1947 to the posts of Messenger-cum-Sweepers as and when the recruitment processis commenced pending disposal of the writ petition^

Counsel for the Petitioner:SRI. VEDULA SRINIVAS

Counsel for the Respondents:The Court made the following ORDER:

APHC010416032013

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY-FOUR

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 5751/2013

Between:

M. Benji

AND

Andhra Pragathi Grameena Bank and Others Counsel for the Petitioner:

1.VEDULASRINIVAS

Counsel for the Respondent(S):

1.

...PETITIONER

...RESPONDENT(S)

The Court made the following:

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ORDER:

The petitioner seekingdirectionto the respondents[to][ comply][ with]

Section 25H of the Industrial Dispute Act.

Section 25H reads as follows;

25H. Re-employment of retrenched workmen.

Whereanyworkmenareretrenched,andtheemployer proposes to take into his employ any persons,[he]shall,in such manner as may be prescribed,give anopportunity [to the retrenched workmen who are citizens[of]Indiato offer themselvesfor re-employment, and suchretrenched workmen] [ Substituted by Act 36 of 1964, Section16,for certain words(w.e.f19.12.1964).][who]offer themselves for re-employment shall have preferenceover other persons.

>#•

2. The learned counsel for the petitioner submits that the petitioner wasworking as part-time staff in the respondents’ Bank.However, his service wasterminated, without any notice.The petitioner is seeking simple directions tothe respondents to comply with the provisions of the[ 25H.]working as part-time staff in the respondents’ Bank.However, his service wasterminated, without any notice.The petitioner is seeking simple directions tothe respondents to comply with the provisions of the[ 25H.]

3. The learned counsel for the respondents submits that in the year 2011 arecruitment drive was conducted and the eligible candidates[were][ considered]and regularized.It is submitted that the respondents are bound to comply withthe provisions of Section 25H, as it is a statutory mandate, which is required tobe followed.recruitment drive was conducted and the eligible candidates[were][ considered]and regularized.It is submitted that the respondents are bound to comply withthe provisions of Section 25H, as it is a statutory mandate, which is required tobe followed.

4. The learned counsel for the respondents have also submitted[that][ the]respondents’ bank is a Regional Rural Bank and is governed by the provisionsof the Regional Rural Banks Act, 1976.The respondents[have][ conducted]recruitment of the staff in accordance with the procedure[laid][ down][ under][ law.]Itis also submitted that the petitioner, who filed writ petition Nos. 16258 of2010 and 20459 of 2010 had misrepresented to the Court[and][ informed][ the]Court that the petitioner was issued call letter.It[is][ submitted][ that][ no][ call][ letter]was issued to anyone.respondents’ bank is a Regional Rural Bank and is governed by the provisionsof the Regional Rural Banks Act, 1976.The respondents[have][ conducted]recruitment of the staff in accordance with the procedure[laid][ down][ under][ law.]Itis also submitted that the petitioner, who filed writ petition Nos. 16258 of2010 and 20459 of 2010 had misrepresented to the Court[and][ informed][ the]Court that the petitioner was issued call letter.It[is][ submitted][ that][ no][ call][ letter]was issued to anyone.

5. Considering the submissions and after going through pleadings,thisCourtis of the considered opinion that Section 25H imposes a statutorymandate that every establishment has to comply invariably. The respondentsCourtis of the considered opinion that Section 25H imposes a statutorymandate that every establishment has to comply invariably. The respondents to consider the case of the petitioner in terms of[ 25H][ as and][ when]there exists a vacancy.

6. Accordingly, the writ petition is closed.There shall[be no][ order][ as][ to]costs.costs.

As a sequel, miscellaneous petitions pending, if any,[shall][ stand][ closed.]

To

Sd/- K KASIRAO ACHARIASSISTANT^ REGI^AR

//TRUE COPY//SEFFICER

1. OneCCto SRI VEDULA SRINIVAS Advocate [OPUC]

2. Three CD Copies

PMT

WNS - SECTION

HIGH COURT

DATED;31/12/2024

ORDERWP.No.5751 of 2013

CLOSING THE WPWITHOUT COSTS

503 APR 2025rfo,^ . Current Section.

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