W.P.Nos.36603 of 2015 & 13568 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.03.2025 CORAM : THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.36603 of 2015 & 13568 of 2019 and W.M.P.Nos.1 of 2015 & 13649 of 2019 W.P.No.36603 of 2015 1.The Management of State Bank of India, Local Head Office, Circle Top House, 6, College Lane, Chennai – 600 006. 2.The Branch Manager, State Bank of India, Commercial Section, Bombay Mutual Building, N.S.C Bose Road, Chennai – 600 001. ... Petitioners Vs. 1.Authority under Tamil Nadu Industrial Establishments, (Conferment of Permanent Status) Act, Inspector of Labour, Circle I, Nandanam, Chennai – 600 035. 2.M.Kamalakannan ... Respondents W.P.No.13568 of 2019 M.Kamalakannan ... Petitioners Vs. 1.The Management of State Bank of India, Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.36603 of 2015 & 13568 of 2019 Local Head Office, Circle Top House, 6, College Lane, Chennai – 600 006. 2.The Branch Manager, State Bank of India, Commercial Section, Bombay Mutual Building, N.S.C Bose Road, Chennai – 600 001. ... Respondents Prayer in W.P.No.36603 of 2015 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the 1st respondent in Proceedings No.Na.Ka.A.2870/2013 and quash its order dated 04.9.2015. Prayer in W.P.No.13568 of 2019 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring that the action of the respondents 1 and 2 in orally terminating the petitioner's services on and with effect from 16.08.2015 as illegal, arbitrary and unjust and consequently direct the respondents to reinstate me with continuity of service, back wages and all other attendant benefits w.e.f 16.08.2015 and also to make him permanent w.e.f. the date of completion of 480 days with scale of pay, arrears and all other consequential benefits as applicable to the sub-ordinate staff, as per the order dated 4.9.2015 passed by the Authority under the T.N. Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 in R.C.No.A/2870/2015 Award exemplary costs. W.P.No.36603 of 2015 For Petitioner : Mr.Anand Gopalan Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.36603 of 2015 & 13568 of 2019 for M/s.Agam Legal Advocates For Respondents : Mr.K.Surendran Additional Government Pleader [R1] Mr.V.Ajoy Khose [R2] W.P.No.13568 of 2019 For Petitioner : Mr.V.Ajoy Khose For Respondents : Mr.Anand Gopalan for M/s.Agam Legal Advocates ***** COMMON ORDER W.P.No.36603 of 2015 is filed by the management of State Bank of India challenging the order dated 04.09.2015 passed by the Authority under the T.N. Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, Inspector of Labour, Circle I, Chennai. 2. W.P.No.13568 of 2019 is filed by the workman to direct the State Bank of India to appoint him as permanent employee and grant him monetary benefits. 3. The question whether the employees engaged in canteens run in the premises of the banks under a contractor are eligible to be observed was decided by the Hon'ble Supreme Court in the case of State Bank of India Canteen Employees' Union (Bengal Circle) & Ors. reported in 2000 (1) LLJ 1441, wherein the Hon'ble Supreme Court has observed as Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.36603 of 2015 & 13568 of 2019 follows:- “38. Further, whether Bank should provide canteen facilities in a branch having staff strength of 100 or more employees on the basis of bipartite agreement between the Bank Management and All India SBI Staff Federation, is a matter of policy decision and may depend upon viability and other factors of running of such canteens at other branches. It is for the Bank to decide in which branches canteen facilities should be provided and not by the employees of the canteens run by the Local Implementation Committees. At the most, employees of the Bank can raise such a contention. ........................... 41. We, therefore, hold that employees of the canteens which are run at various branches by the Local Implementation Committees as per the welfare scheme framed by the SBI would not become employees of the Bank as the Bank is not having any statutory or contractual obligation or obligation arising under the Award to run such canteens. Hence, it is not necessary to decide the second question that fresh petition for the same cause was not maintainable in view of the order dated 14.10.1985 passed by this Court in Civil Appeal No.840 of 1977.” 4. The issue in these writ petitions is covered by the above Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.36603 of 2015 & 13568 of 2019 decision, the Hon'ble Supreme Court has clarified that the employees were engaged by a contractor to work in canteens maintained by the banks are not eligible to seek regularization of their services. 5. Following the same, the writ petition filed by the workman in W.P.No.13568 of 2019 is dismissed and the writ petition filed by the management in W.P.No.36603 of 2015 is allowed. No costs. Consequently, the connected miscellaneous petitions are closed. 26.03.2025 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp To The Authority under Tamil Nadu Industrial Establishments, (Conferment of Permanent Status) Act, Inspector of Labour, Circle I, Nandanam, Chennai – 600 035. Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.36603 of 2015 & 13568 of 2019 M.DHANDAPANI, J. sp W.P.Nos.36603 of 2015 & 13568 of 2019 26.03.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis