Assam Gramin Vikash Bank Employees Association v. Assam Gramin Vikash Bank and 3 Ors

ORDER Date : 29.07.2024

Heard Mr. A. Dasgupta, learned counsel for the petitioner. Also heard Mr. D. Choudhury, learned counsel for the respondent Bank. The respondent Bank by way of filing an affidavit has raised a preliminary objection to the effect that the Employees Association as petitioner has instituted the present proceeding in respect of eight number of Drivers, which the Bank contends were never recruited by them even on casual and or adhoc basis. It is contended by the learned counsel for the respondent Bank that the said Drivers were so engaged by certain officers in their personal capacity for the works involved. Mr. A. Dasgupta, learned counsel for the petitioner submits that the present writ petition be permitted to be withdrawn and liberty be granted to the concerned Drivers to approach this Court, if the occasion so necessitates. Having considered the above submission, it is noted that the Employees Association has instituted the present proceeding without any locus inasmuch as, the persons on whose behalf the present petition was so instituted were not employees of the respondent Bank and accordingly, cannot be treated to be members of the petitioner Association. Accordingly, in view of the above position, the prayer of the petitioner is Page No.# 3/3 accepted and the writ petition stands dismissed on withdrawal.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010083272019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2620/2019o ASSAMoGRAMINoVIKASHoBANKoEMPLOYEESoASSOCIATIONo C/OoASSAMoGRAMINoVIKASHoBANK,oH.O.-MAHAPURUSHoSREEMONTOo SANKARoDEVoPATH,oBHANGAGARH,oGUWAHATI-781005,oREPRESENTEDo BYoITSoGENERALoSECRETARY VERSUSo ASSAMoGRAMINoVIKASHoBANKoANDo3oORS.o REPRESENTEDoBYoITSoCHAIRMAN,oHEADoOFFICE-SRIMANTAoMAHADEVo SANKARDEVoPATH,oBHANGAGARH,oGUWAHATI-781005 2:THEoCHAIRMAN oASSAMoGRAMINoVIKASHoBANK oSRIMANTAoMAHADEVoSANKARDEVoPATH oBHANGAGARH oGUWAHATI-781005 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oMINISTRYoOFoFINANCE oASSAMoSACHIVALAYA oDISPUR oGUWAHATI-781005 4:THEoUNIONoOFoINDIA oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA oMINISTRYoOFoFINANCE oNEWoDELHI-11000o AdvocateoforotheoPetitionerooooo:oMRoAoDASGUPTAo Page No.# 2/3 Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR