Muktesh Munda & Others vs Punjab National Bank & …. Opposite … on 6 March, 2026

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    Orissa High Court

    Muktesh Munda & Others vs Punjab National Bank & …. Opposite … on 6 March, 2026

    Author: Biraja Prasanna Satapathy

    Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C )
    Nos.12819,1890,6788,6877,7057,7237,7239,7241,7479,9665,
         14038,14039,14041,14042,14044,22724,22726 &
                         40542 of 2021
    
        In the matter of an application under Article-226 & 227 of
        the Constitution of India
                                  ..................
    
       Muktesh Munda & Others                                         Petitioners
                                                 ....
    
                                        -versus-
    
    
       Punjab National Bank &                    ....            Opposite Parties
       Others
    
    
                  For Petitioner :           M/s. B. Routray, Sr. Adv.
                                             along with
                                             Mr. J. Biswal, Adv.
    
                 For Opp. Parties :          M/s. A.C. Swain, Adv.
                                             (for Bank)
    
    
      PRESENT:
    
             THE HONBLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY
        -----------------------------------------------------------------------------
        Date of Hearing: 12.02.2026 and Date of Judgment:06.03.2026
        -----------------------------------------------------------------------------
    
        Biraja Prasanna Satapathy, J.
    

    1. Since the claim made in the present batch of Writ

    Petitions are co-related to each other, all the matters

    SPONSORED

    were heard analogously and disposed of by the present

    common order.

    // 2 //

    2. While W.P.(C ) Nos.12819 of 2021, 14038 of 2021

    to 14042 of 2021, 14044 of 2021, 22724 of 2021 and

    22726 of 2021 have been filed challenging the rejection

    of the Petitioners’ claim to get the benefit of

    regularization, W.P(C) Nos.6788, 6877, 7057, 7237,

    7239, 7241, 7479 and 9665 of 2021 have been filed by

    the Petitioners challenging the action of the Bank in

    issuing the Advertisement on different dates to fill up

    the posts in which Petitioners are continuing. Similarly

    W.P.(C ) Nos.1890 and 40542 of 2021 have been filed

    seeking a direction on the Opp. party-Bank to regularize

    the services of the Petitioners therein.

    3. It is the case of the Petitioners that all the

    Petitioners are working in different branches of Punjab

    National Bank as Part Time Sweeper on daily wage basis

    from different dates. It is contended that all the

    Petitioners are continuing on daily wage basis as Part

    Time Sweeper and all were so engaged, while United

    Bank of India was functioning as a Government of India

    undertaking. It is however contended that while so

    continuing under the erstwhile United Bank of India, the

    Page 2 of 28
    // 3 //

    said Bank along with Oriental Bank of Commerce

    merged with Punjab National Bank in terms of the

    Scheme of Amalgamation.

    3.1. It is contended that after being amalgamated with

    Punjab National Bank, General Secretary, All India

    Punjab National Bank Employees Federation vide letter

    dt.04.04.2020 under Annexure-2, requested the CEO,

    Punjab National Bank-Opp. party No.1 to absorb the

    temporary/adhoc employees (workmen) working in the

    erstwhile United Bank of India and Oriental Bank of

    Commerce in permanent service. However, on the face

    of such request made by the Employees Federation,

    when the Opp. Party-Bank issued various

    Advertisements to fill up Group-D posts on regular

    basis, the same was assailed by the Petitioners in

    various Writ Petitions so indicated here-in-above. This

    Court while issuing notice of the matter has also

    protected the interest of the Petitioners herein.

    3.2. It is also contended that as per letter

    dt.05.01.2021, so issued under Annexure-4, the Bank is

    in the process to fill up 3800 subordinate posts by way
    Page 3 of 28
    // 4 //

    of Direct recruitment. It is contended that taking into

    account the long continuance of the Petitioners as Part

    Time Sweeper in different branches of the Opp. Party-

    Bank, request made by the Employees Federation under

    Annexure-2, availability of 3800 subordinate posts,

    Petitioners approached this Court, seeking

    regularization of their services against such available

    3800 subordinate posts in W.P.(C ) No.1866 of 2021.

    3.3. This Court vide order dt.27.01.2021 when

    permitted the Petitioners herein to move the Opp. Party-

    Bank, claiming the benefit of absorption in the regular

    establishment, Petitioners raised their claim before the

    General Manager of the Bank-Opp. party No.2.

    However, vide the impugned order dt.22.03.2021, such

    claim of the Petitioners was rejected on various

    grounds inter alia (a)that the Part Time Sweepers are

    never recruited by facing due recruitment process, (b)

    no employee can make a claim for

    regularization/absorption in the bank dehors the

    bank’s Rules/guidelines, (c) such subordinate posts are

    Page 4 of 28
    // 5 //

    to be filled up by calling from candidates from

    Employment Exchange or by publishing advertisements.

    3.4. Learned Sr. Counsel appearing for the Petitioners

    contended that since Petitioners were all engaged as

    Part Time Sweepers on daily wage basis in the erstwhile

    United Bank of India on different dates, starting from

    the year 2011 onwards and they are also continuing as

    such after amalgamation of United Bank of India and

    Oriental Bank of Commerce with Punjab National Bank

    w.e.f 1.4.2020, the ground on which their claim for

    regularization has been rejected is not sustainable in the

    eye of law.

    3.5. It is also contended that since 3800 Subordinate

    posts are available and advertisement issued by the

    Bank to fill up those posts are under challenge in the

    present batch of Writ Petitions with Petitioners being

    protected, Petitioners can very well be absorbed against

    such available vacant Subordinate Posts. It is also

    contended that in view of such long continuance of the

    Petitioners as Part Time Sweepers on daily wage basis

    starting from the year 2011 onwards, claim for
    Page 5 of 28
    // 6 //

    regularization, which has been illegality rejected vide the

    impugned order dt.22.03.2021 is no more sustainable,

    in view of the recent decisions of the Hon’ble Apex Court

    in the case of Jaggo vs. Union of India & Ors., 2024

    SCC OnLine SC 3826; Shripal & Anr. vs. Nagar

    Nigam, Ghaziabad, 2025 SCC OnLine SC 221 as well

    as Dharam Singh & Ors. vs. State of U.P. & Anr.

    (Civil Appeal No(s).8558 of 2018 and lastly in the case

    of Bhola Nath Vs. State of Jharkhand and Others,

    2026 INSC 99. Hon’ble Apex Court in the case of

    Jaggo, Shripal, Dharam Singh and Bholanath has

    held as follows:

    3.6. View expressed by the Hon’ble Apex Court in the

    case of Jaggo in Para-22 to 25 and 27 reads as

    follows:-

    “22. The pervasive misuse of temporary
    employment contracts, as exemplified in this case,
    reflects a broader systemic issue that adversely
    affects workers’ rights and job security. In the
    private sector, the rise of the gig economy has led to
    an increase in precarious employment
    arrangements, often characterized by lack of
    benefits, job security, and fair treatment. Such
    practices have been criticized for exploiting workers
    and undermining labour standards. Government
    institutions, entrusted with upholding the principles
    of fairness and justice, bear an even greater
    responsibility to avoid such exploitative employment
    practices. When public sector entities engage in
    Page 6 of 28
    // 7 //

    misuse of temporary contracts, it not only mirrors
    the detrimental trends observed in the gig economy
    but also sets a concerning precedent that can erode
    public trust in governmental operations.

    23. The International Labour Organization (ILO), of
    which India is a founding member, has consistently
    advocated for employment stability and the fair
    treatment of workers. The ILO’s Multinational
    Enterprises Declaration6 encourages companies to
    provide stable employment and to observe
    obligations concerning employment stability and
    social security. It emphasizes that enterprises
    should assume a leading role in promoting
    employment security, particularly in contexts where
    job discontinuation could exacerbate long-term
    unemployment.

    24. The landmark judgement of the United State in
    the case of Vizcaino v. Microsoft Corporation7
    serves as a pertinent example from the private
    sector, illustrating the consequences of
    misclassifying employees to circumvent
    providing benefits. In this case, Microsoft classified
    certain workers as independent contractors, thereby
    denying them employee benefits. The U.S. Court of
    Appeals for the Ninth
    Circuit determined that these workers were, in fact,
    common-law employees and were entitled to the
    same benefits as regular employees. The Court
    noted that large Corporations have increasingly
    adopted the practice of hiring temporary employees
    or independent contractors as a means of avoiding
    payment of employee benefits, thereby increasing
    their profits. This judgment underscores the
    principle that the nature of the work performed,
    rather than the label assigned to the worker, should
    determine employment status and the
    corresponding rights and benefits. It highlights the
    judiciary’s role in rectifying such misclassifications
    and ensuring that workers receive fair treatment.

    25. It is a disconcerting reality that temporary
    employees, particularly in government institutions,
    often face multifaceted forms of exploitation. While
    the foundational purpose of temporary contracts
    may have been to address
    short-term or seasonal needs, they have
    increasingly become a mechanism to evade long-
    term obligations owed to employees. These practices
    manifest in several ways:

    • Misuse of “Temporary” Labels:

    Page 7 of 28

    // 8 //

    Employees engaged for work that is essential,
    recurring, and integral to the functioning of an institution are
    often labeled as “temporary” or “contractual,” even when
    their roles mirror those of regular employees. Such
    misclassification deprives workers of the dignity, security,
    and benefits that regular employees are entitled to, despite
    performing identical tasks.

    • Arbitrary Termination: Temporary employees are
    frequently dismissed without cause or notice, as seen in the
    present case. This practice undermines the principles of
    natural justice and subjects workers to a state of constant
    insecurity, regardless of the quality or duration of their
    service.

    • Lack of Career Progression: Temporary employees
    often find themselves excluded from opportunities for skill
    development, promotions, or incremental pay raises. They
    remain stagnant in their roles,
    creating a systemic disparity between them and their regular
    counterparts, despite their contributions being equally
    significant.

    • Using Outsourcing as a Shield:

    Institutions increasingly resort to outsourcing roles
    performed by temporary employees, effectively replacing one
    set of exploited workers with another. This practice not only
    perpetuates exploitation but also demonstrates a deliberate
    effort to bypass the obligation to offer regular employment.

    • Denial of Basic Rights and Benefits:

    Temporary employees are often denied fundamental benefits
    such as pension, provident fund, health insurance, and paid
    leave, even when their tenure spans decades. This lack of
    social security subjects them and their families to undue
    hardship, especially in cases of illness, retirement, or
    unforeseen circumstances.

    xxxx xxxx xxxx xxxxx

    27. In light of these considerations, in our opinion, it is
    imperative for government departments to lead by example
    in providing fair and stable employment. Engaging workers
    on a temporary basis for extended periods, especially when
    their roles are integral to the organization’s functioning, not
    only contravenes international labour standards but also
    exposes the organization to legal challenges and undermines
    employee morale. By ensuring fair employment
    practices, government institutions can reduce the burden of
    unnecessary litigation, promote job security, and uphold the
    principles of justice and fairness that they are meant to
    embody. This approach aligns with international standards

    Page 8 of 28
    // 9 //

    and sets a positive precedent for the private sector to follow,
    thereby contributing to the overall betterment of labour
    practices in the country.”

    3.7. Hon’ble Apex Court in the case of Shripal in

    Para-14, 15, 17 & 18(IV) has held as follows:-

    “14. …… More importantly, Uma Devi cannot serve as
    a shield to justify exploitative engagements persisting
    for years without the Employer undertaking legitimate
    recruitment.

    15. ……. Indian labour law strongly disfavors
    perpetual daily-wage or contractual engagements in
    circumstances where the work is permanent in nature.

    xxxx xxxxx xxxxx xxxxxx

    17. Indeed, bureaucratic limitations cannot trump
    the legitimate rights of workmen who have served
    continuously in de facto regular roles for an extended
    period.

    18.(IV) The Respondent Employer is directed to
    initiate a fair and transparent process for regularizing
    the Appellant Workmen within six months from the
    date of reinstatement, duly considering the fact that
    they have performed perennial municipal duties akin
    to permanent posts. In assessing regularization, the
    Employer shall not impose educational or procedural
    criteria retroactively if such requirements were never
    applied to the Appellant Workmen or to similarly
    situated regular employees in the past. To the extent
    that sanctioned vacancies for such duties exist or are
    required, the Respondent Employer shall expedite all
    necessary administrative processes to ensure these
    longtime employees are not indefinitely retained on
    daily wages contrary to statutory and equitable
    norms.”

    3.8. Placing reliance on the decision in the case of

    Jaggo and Shripal, Hon’ble Apex Court in the case

    of Dharam Singh, in Paragraph-13, 14, 15 & 17, 18,

    19 & 20 has held as follows:

    Page 9 of 28

    // 10 //

    “13. As we have observed in both Jaggo (Supra)
    and Shripal (Supra), outsourcing cannot become a
    convenient shield to perpetuate precariousness and
    to sidestep fair engagement practices where the work
    is inherently perennial. The Commission’s further
    contention that the appellants are not “full-time”

    employees but continue only by virtue of interim
    orders also does not advance their case. That interim
    protection was granted precisely because of the long
    history of engagement and the pendency of the
    challenge to the State’s refusals. It neither creates
    rights that did not exist nor erases entitlements that
    may arise upon a proper adjudication of the legality
    of those refusals.

    14. The learned Single Judge of the High Court also
    declined relief on the footing that the petitioners had
    not specifically assailed the subsequent decision
    dated 25.11.2003. However, that view overlooks that
    the writ petition squarely challenged the 11.11.1999
    refusal as the High Court itself directed a fresh
    decision during pendency, and the later rejection was
    placed on record by the respondents. In such
    circumstances, we believe that the High Court was
    obliged to examine the legality of the State’s stance in
    refusing sanction, whether in 1999 or upon
    reconsideration in 2003, rather than dispose of the
    matter on a mere technicality. The Division Bench of
    the High Court compounded the error by affirming the
    dismissal without engaging with the principal
    challenge or the intervening material. The approach
    of both the Courts, in reducing the dispute to a
    mechanical enquiry about “rules” and “vacancy”

    while ignoring the core question of arbitrariness in
    the State’s refusal to sanction posts despite perennial
    need and long service, cannot be sustained.

    15. Therefore, in view of the foregoing observations,
    the impugned order of the High Court cannot be
    sustained. The State’s refusals dated 11.11.1999
    and 25.11.2003,in so far as they concern the
    Commission’s proposals for sanction/creation of
    Class-III/Class-IV posts to address perennial
    ministerial/attendant work, are held unsustainable
    and stand quashed.

    xxx xxx xxx

    17. Before concluding, we think it necessary to recall
    that the State (here referring to both the Union and
    the State governments) is not a mere market
    participant but a constitutional employer. It cannot
    balance budgets on the backs of those who perform
    the most basic and recurring public functions. Where
    work recurs day after day and year after year, the
    establishment must reflect that reality in its
    sanctioned strength and engagement practices. The
    Page 10 of 28
    // 11 //

    long-term extraction of regular labour under
    temporary labels corrodes confidence in public
    administration and offends the promise of equal
    protection. Financial stringency certainly has a place
    in public policy, but it is not a talisman that overrides
    fairness, reason and the duty to organise work on
    lawful lines.

    18. Moreover, it must necessarily be noted that “ad-
    hocism” thrives where administration is opaque. The
    State Departments must keep and produce accurate
    establishment registers, muster rolls and outsourcing
    arrangements, and they must explain, with evidence,
    why they prefer precarious engagement over
    sanctioned posts where the work is perennial. If
    “constraint” is invoked, the record should show what
    alternatives were considered, why similarly placed
    workers were treated differently, and how the chosen
    course aligns with Articles 14, 16 and 21 of the
    Constitution of India. Sensitivity to the human
    consequences of prolonged insecurity is not
    sentimentality. It is an institutional discipline that
    should inform every decision affecting those who
    keep public offices running.

    19. Having regard to the long, undisputed service of
    the appellants, the admitted perennial nature of their
    duties, and the material indicating vacancies and
    comparator regularisations, we issue the following
    directions:

    i. Regularization and creation of Supernumerary
    posts: All appellants shall stand regularized with
    effect from 24.04.2002, the date on which the High
    Court directed a fresh recommendation by the
    Commission and a fresh decision by the State on
    sanctioning posts for the appellants. For this purpose,
    the State and the successor establishment (U.P.
    Education Services Selection Commission) shall
    create supernumerary posts in the corresponding
    cadres, Class-III (Driver or equivalent) and Class-IV
    (Peon/Attendant/Guard or equivalent) without any
    caveats or preconditions. On regularization, each
    appellant shall be placed at not less than the
    minimum of the regular pay-scale for the post, with
    protection of last-drawn wages if higher and the
    appellants shall be entitled to the subsequent
    increments in the pay scale as per the pay grade. For
    seniority and promotion, service shall count from the
    date of regularization as given above.

    ii. Financial consequences and arrears: Each
    appellant shall be paid as arrears the full difference
    between (a) the pay and admissible allowances at
    the minimum of the regular pay-level for the post from
    time to time, and (b) the amounts actually paid, for
    the period from 24.04.2002 until the date of
    regularization /retirement/death, as the case may
    Page 11 of 28
    // 12 //

    be. Amounts already paid under previous interim
    directions shall be so adjusted. The net arrears shall
    be released within three months and if in default, the
    unpaid amount shall carry compound interest at 6%
    per annum from the date of default until payment.
    iii. Retired appellants: Any appellant who has
    already retired shall be granted regularization with
    effect from 24.04.2002 until the date of
    superannuation for pay fixation, arrears under clause

    (ii), and recalculation of pension, gratuity and other
    terminal dues. The revised pension and terminal
    dues shall be paid within three months of this
    Judgment.

    iv. Deceased appellants: In the case of Appellant No.
    5 and any other appellant who has died during
    pendency, his/her legal representatives on record
    shall be paid the arrears under clause (ii) up to the
    date of death, together with all terminal/retiral dues
    recalculated consistently with clause (i), within three
    months of this Judgement.

    v. Compliance affidavit: The Principal Secretary,
    Higher Education Department, Government of Uttar
    Pradesh, or the Secretary of the U.P. Education
    Services Selection Commission or the prevalent
    competent authority, shall file an affidavit of
    compliance before this Court within four months of
    this Judgement.

    20. We have framed these directions
    comprehensively because, case after case, orders of
    this Court in such matters have been met with fresh
    technicalities, rolling “reconsiderations,” and
    administrative drift which further prolongs the
    insecurity for those who have already laboured for
    years on daily wages. Therefore, we have learned
    that Justice in such cases cannot rest on simpliciter
    directions, but it demands imposition of clear duties,
    fixed timelines, and verifiable compliance .As a
    constitutional employer, the State is held to a higher
    standard and therefore it must organise its perennial
    workers on a sanctioned footing, create a budget for
    lawful engagement, and implement judicial directions
    in letter and spirit. Delay to follow these obligations
    is not mere negligence but rather it is a conscious
    method of denial that erodes livelihoods and dignity
    for these workers. The operative scheme we have set
    here comprising of creation of supernumerary posts,
    full regularization, subsequent financial benefits, and
    a sworn affidavit of compliance, is therefore a
    pathway designed to convert rights into outcomes
    and to reaffirm that fairness in engagement and
    transparency in administration are not matters of
    grace, but obligations under Articles 14, 16 and 21 of
    the Constitution of India.”

    Page 12 of 28

    // 13 //

    3.9. It is contended that in the recent decision of the

    Hon’ble Apex Court in the case of Bhola Nath so cited

    (supra), Hon’ble Apex Court in Para-13.5 to 14 of the

    judgment has held as follows:-

    “13.5. Such a decision must necessarily be a conscious
    and reasoned one. An employee who has satisfactorily
    discharged his duties over several years and has been
    granted repeated extensions cannot, overnight, be treated
    as surplus or undesirable. We are unable to accept the
    justification advanced by the respondents as the
    obligation of the State, as a model employer, extends to
    fair treatment of its employees irrespective of whether
    their engagement is contractual or regular.

    13.6. This Court has, on several occasions, deprecated
    the practice adopted by States of engaging employees
    under the nominal labels of “part-time”, “contractual” or
    “temporary” in perpetuity and thereby exploiting them by
    not regularizing their positions. In Jaggo v. Union of
    India, this Court underscored that government
    departments must lead by example in ensuring fair and
    stable employment, and evolved the test of examining
    whether the duties performed by such temporary
    employees are integral to the day-to-day functioning of
    the organization.

    13.7. In Shripal v. Nagar Nigam, and Vinod Kumar v.
    Union of India
    , this Court cautioned against a
    mechanical and blind reliance on Umadevi (supra) to
    deny regularization to temporary employees in the
    absence of statutory rules.
    It was held that Umadevi
    (supra) cannot be employed as a shield to legitimise
    exploitative engagements continued for years without
    undertaking regular recruitment. The Court further
    clarified that Umadevi itself draws a distinction between
    appointments that are “illegal” and those that are merely
    “irregular”, the latter being amenable to regularization
    upon fulfilment of the prescribed conditions.

    13.8. In Dharam Singh v. State of U.P., this Court
    strongly deprecated the culture of “ad-hocism” adopted
    by States in their capacity as employers. The Court
    criticised the practice of outsourcing or informalizing
    recruitment as a means to evade regular employment
    obligations, observing that such measures perpetuate

    Page 13 of 28
    // 14 //

    precarious working conditions while circumventing fair
    and lawful engagement practices.

    13.9. The State must remain conscious that part-time
    employees, such as the appellants, constitute an integral
    part of the edifice upon which the machinery of the State
    continues to function. They are not merely ancillary to the
    system, but form essential components thereof. The
    equality mandate of our Constitution, therefore, requires
    that their service be reciprocated in a manner free from
    arbitrariness, ensuring that decisions of the State
    affecting the careers and livelihood of such part-time and
    contractual employees are guided by fairness and
    reason.

    13.10. In the aforesaid backdrop, we are unable to
    persuade ourselves to accept the respondent-State’s
    contention that the mere contractual nomenclature of the
    appellants’ engagement denudes them of constitutional
    protection. The State, having availed of the appellants’
    services on sanctioned posts for over a decade pursuant
    to a due process of selection and having consistently
    acknowledged their satisfactory performance, cannot, in
    the absence of cogent reasons or a speaking decision,
    abruptly discontinue such engagement by taking refuge
    behind formal contractual clauses. Such action is
    manifestly arbitrary, inconsistent with the obligation of
    the State to act as a model employer, and fails to
    withstand scrutiny under Article 14 of the Constitution.

    FINAL CONCLUSION:

    14. In light of our discussion, in the foregoing
    paragraphs, we summarize our conclusions as follows:

    I. The respondent-State was not justified in continuing
    the appellants on sanctioned vacant posts for over a
    decade under the nomenclature of contractual
    engagement and thereafter denying them consideration
    for regularization.

    II. Abrupt discontinuance of such long-standing
    engagement solely on the basis of contractual
    nomenclature, without either recording cogent reasons or
    passing a speaking order, is manifestly arbitrary and
    violative of Article 14 of the Constitution.

    III. Contractual stipulations purporting to bar claims for
    regularization cannot override constitutional guarantees.
    Acceptance of contractual terms does not amount to
    waiver of fundamental rights, and contractual
    stipulations cannot immunize arbitrary State action from
    constitutional scrutiny.

    Page 14 of 28

    // 15 //

    IV. The State, as a model employer, cannot rely on
    contractual labels or mechanical application of Umadevi
    (supra) to justify prolonged ad-hocism or to discard long-

    serving employees in a manner inconsistent with
    fairness, dignity and constitutional governance.

    V. In view of the foregoing discussion, we direct the
    respondent-State to forthwith regularize the services of all
    the appellants against the sanctioned posts to which they
    were initially appointed. The appellants shall be entitled
    to all consequential service benefits accruing from the
    date of this judgment.”

    4. Mr. Anand Chandra Swain, learned counsel

    appearing for the Opp.Party-Bank on the other hand

    made his submission basing on the stand taken in the

    counter affidavit so filed.

    4.1. First of all, it is contended that Petitioners are

    engaged on temporary basis with stop-gap arrangement

    and each case is a separate one with distinct facts and

    circumstances and a joint Writ Petition is not

    maintainable.

    4.2. It is also contended that the Writ Petitions are not

    maintainable as the Petitioners since are claiming to be

    workman under the Bank, they have to approach the

    Labour Forum under the Industrial Disputes Act, 1947

    and a Writ Petition under Article 226 of the Constitution

    of India is not maintainable.

    Page 15 of 28

    // 16 //

    4.3. It is further contended that since all the Petitioners

    are continuing as Part Time Sweepers intermittently as

    per requirement and there is no continuity of service,

    they are not eligible and entitled to get the benefit of

    regularization. It is also contended that since the

    Petitioners are all engaged as Part Time Sweepers

    without following due recruitment process, they are also

    not eligible and entitled to get the benefit of

    regularization, which has been rightly rejected vide the

    impugned order dt.22.03.2021.

    4.4. Not only that, on a similar issue, this Court in

    W.P.(C) No.26264 of 2021 vide order under Annexure-C/1

    held that appropriate forum is the Labour Forum, where

    grievance of the Petitioners has to be made. Since without

    availing the alternative remedy of approaching Labour

    Forum under the Industrial Disputes Act, the present Writ

    Petitions have been filed, the same are not entertainable.

    4.5. Learned counsel appearing for the Opp. party-

    Bank made further submissions contending that all the

    Petitioners since are continuing because of the interim

    order passed in the connected Writ Petitions, wherein
    Page 16 of 28
    // 17 //

    challenge has been made to the Advertisements issued

    by the Bank on different dates to fill up the posts of

    Subordinate Staff by way of Direct recruitment, their

    claim is also not covered by the decision of the Hon’ble

    Apex Court in the case of Secretary, State of

    Karnataka and Others Vs. Uma Devi & Others, 2006

    (4) SCC 1.

    4.6. With regard to the alternate remedy available to

    the Petitioners and accordingly the Writ Petitions are not

    maintainable, reliance was placed to the decisions of

    the Hon’ble Apex Court in the following Cases:

    1. A.P. Foods V. S. Samuel & Others,
    (2006) 5 SCC 469.

    2. U.P. State Bridge Corporation Vs. U.P.
    Rajya Setu Nigam
    , (2004) 4 SCC 268

    3. In City and Industrial Development
    Corporation Vs. Dosu Aardeshir
    Bhiwandiwala & Others
    (2009) 1 SCC

    168.

    4.7. Hon’ble Apex Court in the case of S. Samuel in

    paragraph-3,4,5,6,7 & 8 has held as follows:

    3. Learned counsel for the appellant submitted that on
    a combined reading of Sections 20, 22 and 32(v)(c) of the
    Act, the inevitable conclusion is that the writ petition
    should not have been entertained. Further, Section 22
    clearly stipulates that the dispute raised is an industrial
    Page 17 of 28
    // 18 //

    dispute under the Industrial Disputes Act, 1947 (in short
    “the ID Act“). Since disputed questions of fact were
    involved, the writ petition should not have been
    entertained.

    4. In response, learned counsel for the writ petitioner-

    respondents submitted that in view of the established
    factual position, the High Court was justified in
    entertaining the writ petition and deciding in favour of the
    writ petitioners.

    5. Sections 20, 22 and 32(v)(c) read as follows:

    “20. Application of Act to establishments in public
    sector in certain cases.–(1) If in any accounting year an
    establishment in public sector sells any goods produced or
    manufactured by it or renders any services, in competition
    with an establishment in private sector, and the income
    from such sale or services or both is not less than twenty
    per cent of the gross income of the establishment in public
    sector for that year, then, the provisions of this Act shall
    apply in relation to such establishment in public sector as
    they apply in relation to a like establishment in private
    sector.

    (2) Save as otherwise provided in sub-section (1),
    nothing in this Act shall apply to the employees employed
    by any establishment in public sector.

    ***

    22. Reference of disputes under the Act.–Where any
    dispute arises between an employer and his employees
    with respect to the bonus payable under this Act or with
    respect to the application of this Act to an establishment in
    public sector, then, such dispute shall be deemed to be an
    industrial dispute within the meaning of the Industrial
    Disputes Act, 1947
    (14 of 1947), or of any corresponding
    law relating to investigation and settlement of industrial
    disputes in force in a State and the provisions of that Act
    or, as the case may be, such law, shall, save as otherwise
    expressly provided, apply accordingly.

    ***

    32. Act not to apply to certain classes of employees.–
    ***
    ***

    (v) employees employed by–

    ***

    (c) institutions (including hospitals, chambers of
    commerce and social welfare institutions) established not
    for purposes of profit;”

    6. In a catena of decisions it has been held that a writ
    petition under Article 226 of the Constitution of India
    should not be entertained when the statutory remedy is

    Page 18 of 28
    // 19 //

    available under the Act, unless exceptional circumstances
    are made out.

    7. In U.P. State Bridge Corpn. Ltd. v. U.P. Rajya Setu
    Nigam S. Karamchari Sangh
    [(2004) 4 SCC 268 : 2004
    SCC (L&S) 637] it was held that when the dispute relates
    to enforcement of a right or obligation under the statute
    and specific remedy is, therefore, provided under the
    statute, the High Court should not deviate from the general
    view and interfere under Article 226 except when a very
    strong case is made out for making a departure. The
    person who insists upon such remedy can avail of the
    process as provided under the statute.
    To the same effect
    are the decisions in Premier Automobiles Ltd. v. Kamlekar
    Shantaram Wadke
    [(1976) 1 SCC 496 : 1976 SCC (L&S)
    70] , Rajasthan SRTC v. Krishna Kant
    [(1995) 5 SCC 75 :

    1995 SCC (L&S) 1207 : (1995) 31 ATC 110] , Chandrakant
    Tukaram Nikam v. Municipal Corpn. of Ahmedabad
    [(2002)
    2 SCC 542 : 2002 SCC (L&S) 317] and Scooters
    India v. Vijai E.V. Eldred
    [(1998) 6 SCC 549 : 1998 SCC
    (L&S) 1611] .

    8. In Rajasthan SRTC case [(1995) 5 SCC 75 : 1995
    SCC (L&S) 1207 : (1995) 31 ATC 110] it was observed as
    follows : (SCC pp. 91-92, para 28)
    “[A] speedy, inexpensive and effective forum for
    resolution of disputes arising between workmen and their
    employers. The idea has been to ensure that the workmen
    do not get caught in the labyrinth of civil courts with their
    layers upon layers of appeals and revisions and the
    elaborate procedural laws, which the workmen can ill
    afford. The procedures followed by civil courts, it was
    thought, would not facilitate a prompt and effective
    disposal of these disputes. As against this, the courts and
    tribunals created by the Industrial Disputes Act are not
    shackled by these procedural laws nor is their award
    subject to any appeals or revisions. Because of their
    informality, the workmen and their representatives can
    themselves prosecute or defend their cases. These forums
    are empowered to grant such relief as they think just and
    appropriate. They can even substitute the punishment in
    many cases. They can make and remake the contracts,
    settlements, wage structures and what not. Their awards
    are no doubt amenable to jurisdiction of the High Court
    under Article 226 as also to the jurisdiction of this Court
    under Article 32, but they are extraordinary remedies
    subject to several self-imposed constraints. It is, therefore,
    always in the interest of the workmen that disputes
    concerning them are adjudicated in the forums created by
    the Act and not in a civil court. That is the entire policy
    underlying the vast array of enactments concerning
    workmen. This legislative policy and intendment should

    Page 19 of 28
    // 20 //

    necessarily weigh with the courts in interpreting these
    enactments and the disputes arising under them.”

    4.8. Hon’ble Apex Court in the case of U.P. State Bridge

    Corporation in paragraph-11 & 12 has held as follows:

    11.We are of the firm opinion that the High Court erred in
    entertaining the writ petition of the respondent-Union at
    all. The dispute was an industrial dispute both within the
    meaning of the Industrial Disputes Act, 1947 as well the
    UPIDA, 1947. The rights and obligations sought to be
    enforced by the respondent-Union in the writ petition are
    those created by the Industrial Disputes Act. In The
    Premier Automobiles Ltd. V. Kemlekar Shantaram
    Wadke
    1976 (1) SCC 496, it was held that when the
    dispute relates to the enforcement of a right or an
    obligation created under the Act, then the only remedy
    available to the claimant is to get adjudication under the
    Act. This was because the Industrial Disputes Act was
    made to provide ” a speedy, inexpensive and effective
    forum for resolution of disputes arising between workmen
    and their employers. The idea has been to ensure that
    the workmen do not get caught in the labyrinth of civil
    courts with their layers upon layers of appeals and
    revisions and the elaborate procedural laws, which the
    workmen can ill afford. The procedure followed by civil
    courts, it was thought, would not facilitate a prompt and
    effective disposal of these disputes. As against this, the
    courts and tribunals created by the Industrial Disputes
    Act
    are not shackled by these procedural laws nor is their
    award subject to any appeals or revisions. Because of
    their informality, the workmen and their representatives
    can themselves prosecute or defend their cases. These
    forums are empowered to grant such relief as they think
    just and appropriate. They can even substitute the
    punishment in many cases. They can make and re-make
    the contracts, settlement, wage structures and what not.

    Their awards are no doubt amenable to jurisdiction of the
    High Court under Article 226 as also to the jurisdiction of
    this Court under Article 32, but they are extraordinary
    remedies subject to several self-imposed constraints. It is,
    therefore, always in the interest of the workmen that
    disputes concerning them are adjudicated in the forums
    created by the Act and not in a civil court. That is the
    entire policy underlying the vast array of enactments
    concerning workmen. This legislative policy and
    intendment should necessarily weigh with the courts in
    interpreting these enactments and the disputes arising
    under them”.

    Page 20 of 28

    // 21 //

    12. Although these observations were made in the
    context of the jurisdiction of the Civil Court to entertain
    the proceedings relating to an industrial dispute and may
    not be read as a limitation on the Court’s powers
    under Article 226, nevertheless it would need a very
    strong case indeed for the High Court to deviate from the
    principle that where a specific remedy is given by the
    statute, the person who insists upon such remedy can
    avail of the process as provided in that statute and in no
    other manner.

    4.9. Hon’ble Apex Court in the case of Dosa Anadesh

    Bhivandiwala in paragraph-29 & 30 has held as

    follows:

    29. In our opinion, the High Court while exercising
    its extraordinary jurisdiction under Article 226 of
    the Constitution is duty-bound to take all the
    relevant facts and circumstances into consideration
    and decide for itself even in the absence of proper
    affidavits from the State and its instrumentalities as
    to whether any case at all is made out requiring its
    interference on the basis of the material made
    available on record. There is nothing like issuing an
    ex parte writ of mandamus, order or direction in a
    public law remedy. Further, while considering the
    validity of impugned action or inaction the Court will
    not consider itself restricted to the pleadings of the
    State but would be free to satisfy itself whether any
    case as such is made out by a person invoking its
    extraordinary jurisdiction under Article 226 of the
    Constitution.

    30. The Court while exercising its jurisdiction under
    Article 226 is duty-bound to consider whether:

    (a) adjudication of writ petition involves any
    complex and disputed questions of facts and
    whether they can be satisfactorily resolved;

    (b) the petition reveals all material facts;

    (c) the petitioner has any alternative or effective
    remedy for the resolution of the dispute;

    (d) person invoking the jurisdiction is guilty of
    unexplained delay and laches;

    (e) ex facie barred by any laws of limitation;

    (f) grant of relief is against public policy or barred by
    any valid law; and host of other factors.

    The Court in appropriate cases in its discretion may
    direct the State or its instrumentalities as the case

    Page 21 of 28
    // 22 //

    may be to file proper affidavits placing all the
    relevant facts truly and accurately for the
    consideration of the Court and particularly in cases
    where public revenue and public interest are
    involved. Such directions are always required to be
    complied with by the State. No relief could be
    granted in a public law remedy as a matter of
    course only on the ground that the State did not file
    its counter-affidavit opposing the writ petition.
    Further, empty and self-defeating affidavits or
    statements of Government spokesmen by
    themselves do not form basis to grant any relief to a
    person in a public law remedy to which he is not
    otherwise entitled to in law.

    4.10. It is also contended that since Petitioners

    were never appointed against sanctioned posts by facing

    due recruitment process and engagement of the

    Petitioners is purely casual, intermittent and stop gap

    depending on exigency, such engagement are not

    irregular appointments, but completely illegal

    appointment.

    4.11. Therefore, in view of the decision of the

    Hon’ble Apex Court in the case of Uma Devi so cited

    supra, such illegal appointees are not eligible and

    entitled to continue nor they are eligible and entitled to

    get the benefit of absorption in the regular

    establishment. But, because of the interim order passed

    by this Court, Petitioners are continuing It is

    accordingly contended that Petitioners have to approach

    Page 22 of 28
    // 23 //

    the Labour Forum under the Industrial Disputes Act

    and the Writ Petition under Article 226 is not at all

    maintainable.

    5. To the submission made by the learned counsel

    appearing for the Bank, learned Sr.Cousnel appearing

    for the Petitioners made further submission contending

    inter alia that in view of the recent decisions of the Apex

    Court in the case of Jaggo, Shripal, Dharam Singh &

    Bholanath so cited supra, this Writ Petitions are very

    much entertainable, which have been filed challenging

    the rejection of the claim of the Petitioners for their

    absorption in the regular post of Subordinate Staffs and

    so also challenging the advertisements issued by the

    Bank in filling the available 3800 nos. of Subordinate

    posts by way of direct recruitment.

    5.1. It is contended that only when without absorbing

    the Petitioners, the Bank issued the advertisement to

    fill-up the posts of Subordinate Staffs by way of direct

    recruitment and challenge was made to such illegal

    action of the Opp. Party-Bank, this court while issuing

    notice of the matter, passed the interim order protecting
    Page 23 of 28
    // 24 //

    the interest of the Petitioners only in 2021. Hence, it

    cannot be said that Petitioners are continuing because

    of the interim orders all through. It is accordingly

    contended that this Court directs the Opp. Party-Bank

    to absorb the Petitioners against the available posts of

    Subordinate Staffs by quashing the rejection of their

    claim.

    6. Having heard learned counsel appearing for the

    parties and considering the submission made, this

    Court finds that all the Petitioners were engaged as Part

    Time Sweeper on daily wage basis in the erstwhile

    United Bank of India from the year 2011onwards. It is

    not disputed that United Bank of India along with

    Oriental Bank of Commerce merged with Punjab

    National Bank w.e.f 1.4.2020. Even after such merger of

    United Bank of India and Oriental Bank of Commerce

    with Punjab National Bank w.e.f 01.04.2020, Petitioners

    are continuing as Part Time Sweeper in different

    branches of the Bank.

    6.1. As found from the record, after such merger of the

    Bank with Punjab National Bank, All India Punjab
    Page 24 of 28
    // 25 //

    National Bank Employees Federation vide letter

    dt.04.04.2020 under Annexure-2, requested the

    management of the Bank to absorb such employees of

    the erstwhile United Bank of India and Oriental Bank of

    Commerce against permanent posts, available with the

    Opp. Party-Bank.

    6.2. It is found that on the face of such request made

    by the Employees Federation and the continuance of the

    Petitioner as Part Time Sweeper on daily wage basis

    w.e.f the year 2011, when the Opp. Party-Bank instead

    of absorbing the Petitioners, issued various

    advertisements to fill up the posts of Subordinate Staff

    by way of Direct recruitment, challenging such

    advertisements, Petitioners have approached this Court

    in various Writ Petitions, connected with the present

    batch. This Court while issuing notice of the matter,

    has protected the interest of the Petitioners.

    6.3. Since it is not disputed that all the Petitioners are

    continuing as Part Time Sweeper on daily wage basis on

    different dates starting from the year 2011, this Court is

    unable to accept the contention of the learned Counsel
    Page 25 of 28
    // 26 //

    appearing for the Opp. Party-Bank that Petitioners being

    workmen, they have to approach the Labour Forum

    under the Industrial Disputes Act.

    6.4. Since it is not disputed that Petitioners are all

    working on daily wage basis as Part Time Sweeper in

    different branches of the Bank, it is the view of this

    Court that the present Writ Petition challenging the

    rejection of their claim to get the benefit of

    regularization, vide the impugned communication

    dt.22.03.2021, is very much maintainable before this

    Court.

    6.5. Since all the Petitioners engaged by the erstwhile

    United Bank of India and as per the policy of

    Amalgamation, the Opp. Party-Bank took over the assets

    and liabilities of United Bank of India as well as Oriental

    Bank of Commerce w.e.f 1.4.2020, it cannot be held that

    there is no employer and employee relationship in

    between the Petitioners and the Opp. party-Bank.

    6.6. Since all the Petitioners are continuing as Part

    Time Sweeper starting from the year 2011, this Court is

    Page 26 of 28
    // 27 //

    also unable to accept the stand of the Opp. Party-Bank

    that all the engagement of the Petitioners are illegal and

    not irregular.

    6.7. In view of the aforesaid analysis, this Court is of

    the view that the ground on which Petitioners’ claim for

    regularization has been rejected vide the impugned

    order dt.22.03.2021 and the action of the Opp. Party-

    Bank in issuing the advertisements to fill-up the posts of

    Subordinate Staffs by way of direct recruitment is not

    sustainable in the eye of law. While quashing the

    order, so far as rejection of the claim for regularization

    is concerned, this Court directs Opp. Party Nos.1 & 2 to

    take a fresh decision on the Petitioners’ claim, taking

    into account the decision in the case of Jaggo, Shripal,

    Dharam Singh and Bholanath as cited supra within a

    period of 2(two) months from the date of receipt of this

    order.

    6.8. In those cases where no such rejection is available,

    this Court directs Opp. party-Bank to consider the

    Petitioners’ claim therein to get the benefit of

    regularization in the light of the judgment in case of
    Page 27 of 28
    // 28 //

    Jaggo, Shripal, Dharam Singh and Bholanath

    within the aforesaid time period.

    6.9. Till a decision is taken, interim order passed by

    this Court, wherein challenge had been made to the

    advertisements in question shall continue.

    7. All the Writ Petitions are accordingly stand

    disposed of with the aforesaid observation and

    direction.

    Photocopy of the order be placed in the

    connected cases.

    (Biraja Prasanna Satapathy)
    Judge

    Orissa High Court, Cuttack
    Dated the 6th March, 2026 /Sangita

    Signature Not Verified
    Digitally Signed
    Signed by: SANGITA PATRA
    Reason: authenticaiton of order
    Location: high court of orissa, cuttack
    Date: 06-Mar-2026 19:00:04

    Page 28 of 28



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