- (1.) PUNJAB National Bank (hereinafter referred to as "bank"), as a welfare measure, extended canteen facility to its employees. They set up various canteen committees from the members of the staff. Those canteen committees were extended free accommodation within the branch for running the canteens. The Bank also extended subsidy at a stipulated rate. The canteen committees to run the canteens from time to time engaged various casual employees in their pay roll. Those casual employees later on claimed regular employment in Bank services which gave rise to present writ petition. In 1995 the canteen workers' union of the Bank, the respondent No. 1 filed a writ petition along with its members being 80 in number, inter alia, praying for writ in the nature of mandamus directing the Bank to treat them as regular/permanent employees of the Bank and extend all consequential benefits. The Bank opposed the writ petition by filing affidavit-in-opposition. They denied any relationship with the writ petitioners. According to the Bank there did not exist employer employee relationship which could entitle the writ petitioners to claim regularization in service as well as regular pay scale. It was contended on behalf of the Bank that the writ petitioners were engaged by various canteen committees and the Bank did not have any say with regard to their employee and/or service condition. It was also contended that the petitioners were engaged by various contractors engaged by the canteen committees to run the canteen. Those contractor employees could not claim any benefit and their prayer for regularization did not nave any statutory support. The learned Single Judge allowed the writ petition by rejecting the contention of the Bank. The learned Single Judge by His lordship's judgment and order dated August 22, 2003 allowed the writ petition and directed the bank to regularize the petitioners in service by extending regular pay, scale.
(2.) BEING aggrieved by and dissatisfied with the judgment and order of the learned Single judge allowing the writ petition being dated August 22, 2003 the Bank preferred the instant appeal.
(3.) THE appeal was heard by us on the above mentioned dates.;