Mehtab Singh Gill, J. - (1.) THE petitioners have prayed for issuance of a writ in the nature of certiorari for quashing the advertisement dated February 3 -9, 2001 (copy Annexure P -12) and have further prayed for issuing a writ in the nature of mandamus directing the respondents to re -appoint them as Peons/Chowkidars against the posts lying vacant in the Bank.
(2.) THE petitioners have averred that the Chandigarh State Cooperative Bank Limited, Chandigarh, (hereinafter referred to as "the Bank") (respondent No.3) is a Cooperative Society registered under the provisions of the Punjab Cooperative Societies Act, 1961. They were appointed as peons in the Bank on probation for a period of one year. Shri Abhimanu (petitioner No. 1) was appointed as peon on April 2, 1998 (copy Annexure P -1). Shri Surinder Singh (petitioner No. 2) was appointed as peon on April 2, 1998 (copy Annexure P -2). Shri Davinder Singh (petitioner No.3) was appointed as peon on April 2, 1998 (Copy Annexure P -3), Shri Raj Pal (petitioner No. 4) was appointed as peon on April 2, 1998 (copy Annexure P -4), Shri Jasbir Singh (petitioner No.5) was appointed as peon on April 2, 1998. It has been further averred that the Board of Directors of the Bank was removed by the Registrar, Cooperative Societies, Union Territory, Chandigarh and an Administrator was appointed. On joining his duties, the Administrator terminated the services of the petitioners on the ground that they were appointed beyond the sanctioned strength. Copies of the termination orders dated November 21, 1998 are attached with the writ petition as Annexure P -6 to P -10 respectively. It has been farther averred that this is factually wrong as the posts were duly sanctioned by the Board of Directors. Further these posts had fallen vacant on account of promotion of Class IV employees. The petitioners had filed Civil Writ Petition No. 17994 of 1998 along with some junior clerks titled Jasmer Singh and Ors. v. The Chandigarh State Cooperative Bank Limited and Anr.. This writ petition was dismissed by a Division Bench of this Court vide order dated December 18,1998, a copy of which is attached with the writ petition as Annexure P -11. The bank has now advertised six posts of Peons and one post of Chowkidar in the Employment News of February 3,9, 2001. A copy of the advertisement is attached with the writ petition as Annexure P -12. It has been further averred that the petitioners had fulfilled the qualifications required for the posts of Peons and Chowkidar. Before these could be advertised, the Bank was required to offer the posts to them in view of the provisions of Section 25 -H of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act").
(3.) NOTICE of motion was issued to the respondent.;