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2007 Supreme(Cal) 272

ASHIM KUMAR BANERJEE, JAPAN MUKHERJEE
PUNJAB NATIONAL BANK – Appellant
Versus
PUNJAB NATIONAL BANK CANTEEN WORKERS Union (CALCUTTA) – Respondent


Advocates Appeared:
ARIJIT CHAUDHARY, ARUNAVA GHOSH, R.BOSE, SOUMEN SAHA, SUDHANGHSU SIL

ASHIM KUMAR BANERJEE, J.

( 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































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