Punitive damages may be awarded in a defamation action where the defendant's conduct is found to be malicious or reckless.

( 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 have 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.

( 4 ) ANALYSIS of the judgment and order of the learned Single Judge is as follows : -

(i) The writ petition was moved in 1995 after service upon the Bank. The affidavits were exchanged and the writ petition was heard on the above mentioned dates. Hence, at this belated stage the Bank was not entitled to raise the plea of alternative remedy available to the writ petitioners under the Industrial Disputes Act.

(ii) It would be improper for the Court at the belated stage to reject the application after lapse of 8 years on the ground of alternative remedy.

(iii) Identical benefit was extended to the Indian Overseas Bank canteen employees and such decision of the High Court was affirmed by the apex Court in the case reported in Judgment Today, 2000, Volume -IV, supreme Court, Page 503. The said decision was followed by His lordship.

(iv) The cost of running of the canteen came ultimately from the Bank and the Bank extended such financial support for the welfare of the employees. The Bank had full control of the management of such canteen committees as it would appear from its formation.

(v) Although there was no statutory obligation the Bank volunteered to extend such canteen benefits to its employees and as such they would not be entitled to shirk their responsibility by creating "an artificial screen" in between real employer and the canteen committees.

(vi) His Lordship relied on the case of Bharat Heavy Electricals reported in 2003, All India Reporters, Supreme Court Weekly, Page 3469 wherein apex Court held that the gardeners in the bungalows maintained by the appellant therein should be considered to be the employees of the cpmpany irrespective of the fact that the gardening was not an integral part of such industry.

( 5 ) THE parties