The service of the petitioner was engaged as a Jewel Appraiser by proceedings of the Regional Manager, Indian Overseas Bank dated 08.03.2012 in R.O./PAD/538/2011-12. The grievance expressed by the petitioner is that all of a sudden, without putting him on notice, his service has been disengaged vide proceedings of the 2nd respondent dated 27.01.2017 and challenging the legality of the same, he came forward to file this writ petition.
2. Learned counsel for the petitioner would contend that since the service of the petitioner have been disengaged without putting him on notice and without affording any opportunity whatsoever, the impugned order is per se in violation of principles of natural justice and prays for interference.
3. This Court, considered the submissions made by the learned counsel for the petitioner and also perused the typed set of documents.
4. A perusal of the proceedings of the Regional Office of the Indian Overseas Bank dated 08.03.2012 would indicate that for the purpose of appraising jewels, the service of the petitioner was engaged and it is also indicated in the said proceedings that he is free to carry on any trade or occupation and he may make himself available only during the business hours of the branch and further indicating that his service has been retained only for his professional expertise and it should not be construed to mean as one of employment. The petitioner has mistaken that he is engaged as an employee in the bank, whereas, it is not so. In the considered opinion of the Court, there is no employer-employee relationship between the petitioner and the respondent and the service of the petitioner has been engaged purely as professional.
5. Learned counsel for the petitioner, at this juncture, would submit that since the petitioner has made a deposit of Rs.10,000/-, it may be directed to be refunded to him.
6. The petitioner is at liberty to submit a representation to the respondents 1 and 2 for refund of the said amount and as and when the said representation is received, it shall be given disposal within a M.SATHYANARAYANAN, J., vsi period of two weeks from the date of receipt of the said representation. Therefore, in the considered opinion of this Court, the present writ petition lacks merit and substance. Hence, the writ petition is dismissed, subject to the above observation. No costs. Consequently, connected miscellaneous petition is closed.
20.02.2017 Index : Yes / No Internet : Yes / No vsi To
1. The General Manager, Indian Overseas Bank, Central Office, Anna Salai, Chennai.
2. The Chief Manager, Indian Overseas Bank, Regional Office, Salem - 636 004.
W.P.No.4080 of 2017 http://www.judis.nic.in