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Patna High CourtCWJC/7283/2021disposed

Kunal Gautam v. The State Bank Of India,

2022-03-10Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7283 of 2021 ====================================================== Kunal Gautam Sono f Sri Vijay Saw @ Vijay Sao, Permanent resident of Village- Bullachak, P.S.-Barbigha, District- Sheikhpura, at Present Posted as Customer Associate, PF Index-6267335, State Bank of India, A.D.B., Sonali Bazar Branch (03127), P.S.-Kadwa, District-Katihar. ... ... Petitioner/s

Versus

1.

The State bank of InDia, through the Chief General Manager, Local Head Office, West Gandhi Maidan, Patna 2.

The Chief General Manager, Local Head Office, West Gandhi Maidan, Patna.

3.

The General Manager, Local Head Office, West Gandhi Maidan, Patna. 4.

The Deputy Genral Manager, Local Head Office, West Gandhi Maidan, Patna.

5.

The Circle Development Oficer, Local Head Office, West Gandhi Maidan, Patna.

6.

The Regional Manager, R.B.O. (FI and MM), Bhagalpur. 7.

The Branch Manager, State Bank of Inida, Ramgarh Chowk, Branch (7416), District-Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate :

Mr. Manish Kumar No. 13, Advocate :

Mr. Rohit Kumar, Advocate For S.B.I.

:

Mr. Rakesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 10-03-2022 Heard learned counsel for the parties.

On 16.12.2021 the following order was passed: "Learned counsel for the respondentBank submitted that the petitioner has reported to duty pursuant to the order dated 09.12.2021. Petitioner is stated to have been joined and reported on duty and it was

Patna High Court CWJC No.7283 of 2021(6) dt.10-03-2022 2/3 accepted. The Branch Manager stated to the petitioner that he is required to get necessary directions from his higher authorities. Therefore, the Branch Manager or Officer is hereby directed to accept the duty report of the petitioner forth with, failing which he is directed to appear in person on the next date of hearing. The respondent counsel -Bank submitted that the present petition is not maintainable in view of the fact that the post held by the petitioner would fall under the definition of "Workmen'

in terms of memorandum of statement which is part of Bipartite Settlement between the workers and workman. This preliminary issue will be decided on the next date of hearing. Learned counsel for the respondent-Bank to address his argue on the next date of hearing relating to entertaining the present petition.

List this matter on 13.01.2022."

Today, learned counsel for the petitioner could not

Patna High Court CWJC No.7283 of 2021(6) dt.10-03-2022 3/3 apprise this Court, how the present petition is maintainable. Accordingly, the present writ petition stands disposed of, reserving liberty to the petitioner to resort appropriate remedy before the appropriate forum. (P. B. Bajanthri, J) Ankit/- U