JUDGMENT : A. Pasayat, J. - As all these writ applications involve identical disputes they were heard together, and this judgment shall govern each one of them. 2. Factual position is almost undisputed and essentially is as follows: Petitioner in each case has prayed for a direction to the State Bank of India (in short, the 'Bank/S.B.I') and its functionaries to give him appointment by filling up 140 sanctioned posts of messengers. Their claim is based on a list prepared earlier, which has been described as 1990 panel list. In November, 1990 an interview was held for selecting candidates for preparation of a panel from the persons who had rendered temporary services as messengers under the Bank in order to consider their cases for regular appointment, as and when posts were sanctioned. In the said interview 189 candidates were found suitable and a panel list was prepared. Number of persons were working under different branches of the Bank purely on temporary basis appointed for specific periods. Question of discontinuance of temporary appointment in subordinate categories and giving a chance to existing temporary employees in subordinate cadre for permanent absorption in the bank service against the existing vacancies or those likely to arise in future was considered by the Management of the Bank. Discussions were held on various occasions with the Employees' Federation. After several rounds of discussions and examination of various issues, a Bipartite Agreement was signed on November 17, 1987 indicating the policy to be followed with regard to temporary appointments in the subordinate cadre in future, and providing a chance to the temporary employees for permanent absorption in the Bank's service against the existing as well as future vacancies. Three categories of employees were grouped. Category 'A' was specified to be those who have completed 240 days temporary service in any continuous block of 12 calendar months or less after July 1, 1975 within July 31, 1988. Category 'B' was in respect of persons who have completed 270 days aggregate temporary service in any continuous block of 36 calendar months after July 1, 1975 within July 31, 1988. Category 'C' was in respect of persons who have completed a minimum of 30 days aggregate temporary service in any calendar year after July 1, 1975 within July 31, 1988 or a minimum of 70 days aggregate temporary service in any continuous block of 36 calendar months during that period. Category 'C' was in respect of persons who have completed a minimum of 30 days aggregate temporary service in any calendar year after July 1, 1975 within July 31, 1988 or a minimum of 70 days aggregate temporary service in any continuous block of 36 calendar months during that period. Different specifications were made in respect of temporary employees who had worked in the Bank on regular scale wages (part-time or full-time) between July 1, 1975 to July 31, 1988, and put in during the aforesaid stipulated period. Such persons who were found eligible were called to face the interview, and upon being found suitable were enlisted in the panel. Petitioners were eligible to appear in the interview under Category 'C'. Petitioners who claim to have been empanelled have prayed for appointment on the basis of 1990 panel. They make a grievance that making a departure from the panel, eligibility for consideration was extended to daily wagers, who were not in the picture when 1990 panel was prepared. 3. According to the petitioners, another panel was prepared in the year 1993 for another set of temporary employees, who were junior to the petitioners. Opposite parties have refuted this stand taking the plea that the circular issued under the Bipartite Agreement the Staff Federation only provided for considering the temporary employees who have worked in the Bank on regular wage basis between July 1, 1975 to July 31, 1988. The said Agreement was revised by another settlement dated July 16, 1988 entered into between the bank's management and the Staff Federation "modifying the previous settlement dated November 17, 1987. A fresh circular dated April 19, 1991 was issued basing upon subsequent settlement wherein it was provided that since in pursuance of the previous settlement, panels of temporary employees have already been prepared in most of the circles, looking to the enormity of the problem and in view of the currency period of panels now being extended, eligible temporary employees who have not been empanelled and who could not appear in the interview for reasons beyond their control and have been pursuing the cases thereafter will be given another chance to appear in the interview on the basis of which supplementary panels will be prepared. As as result of this settlement, the existing panel was enlarged by way of supplementary panel. As as result of this settlement, the existing panel was enlarged by way of supplementary panel. It was clearly stipulated that daily wagers would also be given opportunity to face the interview along with the scale wage earners who for some reasons could not appear in the previous interview. On the basis of said Bipartite Settlement Circular, fresh opportunity was given to both temporary employees of scale wagers, who were left out earlier, and daily wagers, who were for the first time given an opportunity to face the interview. That necessitated preparation of supplementary panel. It is stated that by no stretch of imagination this supplementary panel can be taken to be a separate panel from one prepared in 1990, and cannot be stated to be a 1993 panel as alleged by the petitioners. Rather the supplementary panel is an extension of the panel prepared in 1990. The allegation of the petitioners that temporary employees who were juniors to them are being given employment was denied. 4. According to petitioners, 140 posts have been sanctioned in respect of Bhubaneshwar Circle for appointment as permanent messengers from 1990 panel list. The Bank has taken the stand that the daily wagers are also to be taken note of, as nowhere it has been prescribed to give appointment as permanent messengers from 1990 panel list alone. By virtue of subsequent settlement dated July 30, 1996 entered into between the Bank and All India Staff Federation under the provisions of Industrial Disputes Act, 1947 both the panels of temporary employees and daily wage/casual employees were to be kept alive upto March 31, 1997 for filling up the vacancies existing/arising as on December 31, 1994 as per the norms agreed upon between the Bank and the Federation. It was agreed that the modality of drawing names from the panel of temporary employees or panel of daily wagers and casual labourers would be decided administratively on circle to circle basis, depending upon the local requirements in consultation with the Federation's affiliate by the circle management. In terms of the agreement referred to above, meeting was held with the Federation affiliated Union for fixing modality for filling up the posts sanctioned for Bhubaneshwar Circle on November 21, 1996. It was decided in the said meeting that the candidates available in 'A' category both ex-temporary and daily wage/casual employees; shall be appointed first. In terms of the agreement referred to above, meeting was held with the Federation affiliated Union for fixing modality for filling up the posts sanctioned for Bhubaneshwar Circle on November 21, 1996. It was decided in the said meeting that the candidates available in 'A' category both ex-temporary and daily wage/casual employees; shall be appointed first. Extract of the panel of candidates included in the supplementary list in category 'A' of scale wage and extract of the panel containing list of candidates in category 'A' of daily wagers have been annexed to the counter-affidavit vide Annexures D and D/1. It was further decided that the rest of vacancies shall be filled up from the panel of ex-temporary employees and daily wage/casual employees at the ratio of 7:3 strictly according to the length of service of the empanelled employees. According to the opposite parties, the aforesaid modality was arrived at keeping in view of the protection enjoyed by workmen of the above category under the Act. The relevant extracts of the resolutions dated July 30, 1996 and November 21, 1996 read as follows: July 30, 1996 "(Under Section 2(p) and Section 18(1) of the Industrial Disputes Act, 1947, read with Rule 58 of the Industrial Disputes (Central) Rules, 1957 Names of the Parties: (i) State Bank of India (ii) Workmen employed in State Bank of India represented by All India State Bank of India Staff Federation Representing State Bank of India: Dy. Managing Director Dy. General Manager (Industrial Relations) Representing Workmen: President, All India State Bank of India Staff Federation Secretary, All India State Bank of India Staff Federation ***** Whereas, the Bank and the Federation had entered into the following Settlements u/s 2(p) and Section 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of the Industrial Disputes (Central) Rules, 1957:- (i) Settlement dated November 17, 1987. (ii) Settlement dated July 16, 1988 (iii) Settlement dated October 27, 1988 (iv) Settlement dated January 9, 1991 Whereas, the aforesaid settlements provide, inter alia, for giving a chance to eligible temporary/daily wage/ casual employees in the subordinate cadre for being considered for permanent appointment in the Bank. (ii) Settlement dated July 16, 1988 (iii) Settlement dated October 27, 1988 (iv) Settlement dated January 9, 1991 Whereas, the aforesaid settlements provide, inter alia, for giving a chance to eligible temporary/daily wage/ casual employees in the subordinate cadre for being considered for permanent appointment in the Bank. Whereas, in terms of the aforesaid Settlement, while eligible temporary employees, in subordinate cadre, out of a panel so prepared, were to be given a chance for being considered for permanent appointment in the Bank against vacancies arising upto December 1994, daily wage/casual employees, out of a panel so prepared were to be considered against vacancies arising from January, 1995 to December, 1996 whereafter the said panels would lapse. Whereas, in terms of the minutes of the conciliation proceedings held on June 9, 1995 before the Regional Labour Commissioner (Central) at Hyderabad in partial modification of the earlier Settlements, it was agreed that both the panels of temporary employees and daily wage/casual employees will be kept alive upto March, 1997, for filling up vacancies existing/arrived at as on December 31, 1994 as per the norms agreed to between the Bank and Federation and the identification of messengerial vacancies would be done with effect from April 1, 1997 on the basis of new norms to be finalised in the meantime. It was also agreed that the modalities about drawing names from either the panel of temporary employees or the panel of daily wagers and casual labour would be decided administratively on Circle to Circle basis depending upon the local requirements in consultation with the Federation's affiliate by the Circle Management. It was also agreed that all messengerial positions in the subordinate cadre including part-time attendants specifically provided as leave reserve will be filled before March 31, 1997". November 21, 1996 "A meeting was held today at 10 a.m. in the Conference Hall at L.H.O., Bhubaneshwar to determine the ratio of ex temporary employees and daily wage/casual employees for posting in messengerial cadre in terms of guidelines contained in Central Office letter No. CDO/IR/7712 dated July 4, 1996 and No. CDO/IR/2853 dated August 5, 1996. 2. The following persons attended the meeting: S/Shri (i) J. Hari Kumar, A.G.M. (Per & H.R.D.) (II) P.K. Pattnaik, Gen. Secy., S.B.I. Staff Association. (iii) P.K. Praharaj, Manager (Per & H.R.D.) (iv) A.P. Dash, Dy. Manager (Per & H.R.D.) 3. 2. The following persons attended the meeting: S/Shri (i) J. Hari Kumar, A.G.M. (Per & H.R.D.) (II) P.K. Pattnaik, Gen. Secy., S.B.I. Staff Association. (iii) P.K. Praharaj, Manager (Per & H.R.D.) (iv) A.P. Dash, Dy. Manager (Per & H.R.D.) 3. Taking into consideration the category of ex temporary, daily wages/casual employees such as A, B, & C as per the guidelines contained in the Bipartite settlement dated November 17, 1989, October 27, 1988 and January 9, 1991 the age old length of service of the candidates and protection available under I.D. Act, it has been decided that the modules should follow the following procedures for appointment in terms of Central Office letter No. CDO/IR/7712 dated July 4, 1996 and CDO/IR/2853 dated August 5, 1996. (i) First step: The candidates available in the 1986 panel if any should be appointed. (ii) Second step: The candidates available in 'A' category of both ex temporary and daily wage/casual employees panels should be appointed. (iii) Third step: Remaining vacancies will be filled from the panel of ex- temporary employees and daily wages/casual employees at a ratio of 7:3 strictly according to the length of the service of the empanelled employees. While determining the length of service, in case an employee who has worked both as temporary employee and a daily wager the total number of days worked in both the cases should be clubbed together upto the cut-off date fixed for the interview to determine his length of service, seniority and he may be placed in the panel accordingly. In no case seniority of the employees should be ignored." 5. At this juncture it is necessary to take note of various instructions/guidelines issued on the basis of Bipartite Agreements. Staff Circular No. 51 of 1988 is issued on July 21, 1988 with reference to the Bipartite Agreement dated November 17, 1987. The eligibility criteria indicated that the prescribed temporary service should have been completed at any one or more of the offices/Branches under a module as existing/defined as on July 31, 1988. The three categories of temporary employees were enumerated to which reference has been made above. Selection criteria indicated that the Selection Committee will be formed for each recruitment done to interview the candidates and determine their suitability or otherwise and permanent absorption in Bank's service. Selection was required to be made purely on merits. The three categories of temporary employees were enumerated to which reference has been made above. Selection criteria indicated that the Selection Committee will be formed for each recruitment done to interview the candidates and determine their suitability or otherwise and permanent absorption in Bank's service. Selection was required to be made purely on merits. Subsequently Circular No. PER/IR/11 of 1991 dated April 19, 1991 was issued on the basis of Bipartite Agreements dated October 27, 1988 and January 9, 1991. The conditions which have relevance read as follows:- "(B) On January 9, 1991 another agreement was signed between the Bank and the Staff Federation copy whereof is enclosed for information. It will be observed that this Agreement is in implication of the provisions contained in the earlier agreements of November 17, 1987, July 16, 1988 and October 27, 1988. Salient features of this Agreement are as under:- (i) Daily wagers should have completed the required qualifying service only during the period July 1, 1975 to July 31, 1988. Further temporary employees and daily wagers who are found suitable for permanent appointment will be empanelled separately. (ii) Keeping in view (a) enormity of the problem and (b) extension of currency period of panels of temporary employees upto 1994, eligible temporary employees who have not been empanelled or who could not appear in the interviews held in pursuance of the Agreement of November 17, 1987 and have been pursuing their cases thereafter will be given another chance to appear for interview so that the existing panels can be enlarged by way of supplementary panels; the latter panels will be used only after the earlier panels of temporary employees have been exhausted. (iii) Original panels and supplementary panels of temporary employees will be used for filling vacancies in subordinate cadre arising upto 1994; panels of daily wagers will be used for filling vacancies arising in 1995 and 1996". In this context, the settlements on the basis of Bipartite Agreement dated October 27, 1988 and January 9, 1991 guidelines for implementation were formulated. (iii) Original panels and supplementary panels of temporary employees will be used for filling vacancies in subordinate cadre arising upto 1994; panels of daily wagers will be used for filling vacancies arising in 1995 and 1996". In this context, the settlements on the basis of Bipartite Agreement dated October 27, 1988 and January 9, 1991 guidelines for implementation were formulated. They read as follows:- "(i) Daily wagers, who will be considered for a chance for permanent appointment in the Bank's service: All daily wagers, whose services were utilised in the following leave/casual vacancies in subordinate cadre positions and who were engaged by the Bank on mutually agreed daily wages (and not in regular scale wages) during the period July 1, 1975 to July 31, 1988 will be considered for being given a chance for permanent appointment in the Bank's service, subject to their fulfilling the eligibility criteria given in item (ii) below:- (a) Messengers (with combined designation) (b) Menial category of subordinate staff viz., cash coolies, farmashes, water boys and sweepers etc. (with combined designation) (c) Bank guards. (ii) Eligibility criteria: Temporary service and period thereof: (a) The following categories of daily wagers will only be eligible for a chance for being considered for permanent appointment:- Category A Those, who have completed 240 days' temporary service in any continuous block of 12 calendar months or less during the period July 1, 1975 to July 31, 1988. Category B Those who have completed 270 days aggregate temporary service in any continuous block of 36 calendar months during the period July 1, 1975 to July 31, 1988. Category C Those who have completed a minimum of 30 days aggregate temporary service in any calendar year after July 1, 1975 or a minimum of 70 days aggregate temporary service in any continuous block of 36 calendar months during the period July 1, 1975 to July 31, 1988. Category C Those who have completed a minimum of 30 days aggregate temporary service in any calendar year after July 1, 1975 or a minimum of 70 days aggregate temporary service in any continuous block of 36 calendar months during the period July 1, 1975 to July 31, 1988. (b) The aforesaid temporary service of 270 days, 240 days, 70 days or 30 days should have been put in by a daily wager, at any one or more of the Offices/Branches falling within a module as existing defined as on July 31, 1988; this concession is being given as a one time measure (and not to be treated as precedent) in line with Clause 5 of the Agreement dated November 17, 1987 that each Branch/office is to be treated as an establishment and temporary service put in at a Branch/Office alone will be reckoned for the purpose. (c) Candidates will be appointed in full time or part time positions, as per the Bank's need; they will be treated as new entrants and will not be entitled for any backwages or difference between the wages payable to regular temporary employees and ad hoc/fixed remuneration paid to them or any other attendant benefits; nor will they be entitled for any further chance for being considered for permanent appointment. Their appointment will be effective from the date they take up their permanent appointment." Additional chance for interview of the candidates who were not qualified was given. The eligibility criteria was laid down in the Bipartite Agreements dated October 27, 1988 and January 9, 1991 which are to the following effect;- "Eligibility: In this connection, keeping in view the enormity of the problem and extension of currency period of panels of temporary employees upto 1994, a provision has been made in the Bipartite Settlement of January 9, 1991 for providing an additional chance for interview to eligible temporary employees who could not be empanelled. Accordingly, arrangement may be made by Circle to hold interviews of such temporary employees, provided they satisfy the following:- (i) A candidate had appeared in the interview but his name not empanelled: OR (ii) Though eligible for being considered for permanent appointment, he could not appear in the interview on account of circumstances beyond his control. However, he has been pursuing his case with the authorities concerned for giving him a chance. However, he has been pursuing his case with the authorities concerned for giving him a chance. Particulars of such temporary employees are already available with Branches, Zonal Offices and call letters can be sent to them on the basis thereof. In other words, while a separate advertisement for the purpose is not needed, a suitable notice (Annexure-VII) may be displayed by Branches on their notice boards." So far as utilisation of panels are concerned, it was provided as follows: "Utilization of panels:- (i) Vacancies arising upto 1994 will be filled from the panels of temporary employees (current upto 1994) in the following order:- (a) Panels prepared out of temporary employees who were interviewed on the basis of having completed 90 days' or more temporary service as on October 31, 1984 (Reference to our Staff Circular No. 137 of 1984) (b) Panels prepared pursuant to the Bipartite Settlement of November 17, 1987. (c) Supplementary panels prepared in pursuance of Bipartite Settlement of January 9, 1991. (ii) Vacancies arising in the years 1995 and 1996 will be filled from panels of daily wagers. However, if the aforesaid panels of temporary employees in a Circle are exhausted before December 31, 1994, the panels of daily wagers will become operative." The final settlement is dated July 30, 1996 and the settlement was arrived at u/s 2(p) and Section 18(1) of the Industrial Disputes Act, 1947 read with Rule 58 of the Industrial Disputes (Central) Rules, 1957 (in short, 'the Central Rules'). Earlier settlements dated November 17, 1987, July 16, 1988, October 27, 1988 and January 9, 1991 were taken note of, and the relevant aspects have been extracted above. 6. The extracted portions clearly show that panels of temporary employees/daily wagers/casual employees were to be kept alive upto March 1997, as per the norms agreed to between the Bank and the Federation and the identification of messengerial vacancies was to be done on the basis of new norms to be finalised thereafter. It was also agreed that the modalities about drawing names from either the panel of temporary employees or the panel of daily wagers and casual labour shall be decided administratively on Circle to Circle basis depending upon the local requirements in consultation with the Federation's affiliate by the Circle Management. It was also agreed that the modalities about drawing names from either the panel of temporary employees or the panel of daily wagers and casual labour shall be decided administratively on Circle to Circle basis depending upon the local requirements in consultation with the Federation's affiliate by the Circle Management. Irresistible conclusion, therefore, is that after March 31, 1997 the panel ceased to be operative, and new terms were to be operated thereafter. The modalities about drawing names from either the panel of temporary employees or the panel of daily wagers and casual labour was to be decided administratively on Circle to Circle basis depending upon the local requirements in consultation with the Federation's affiliate by the Circle Management. Therefore, the local requirements were to be kept in view and it was permissible to draw names from both the list of temporary employees and the list of daily wagers/casual labourers on the basis of aforesaid settlement made in the meeting held on November 21, 1996 between Personnel & H.R.D, Department and S.B.I. Staff Association, Bhubaneshwar. Relevant portions of the decision have been extracted above. Obviously the modalities worked out between the Bank and the S.B.I. Staff Association has reference to the settlement dated July 30, 1996. There is no dispute so far as that aspect is concerned. What is disputed is the ratio and the power to do that. It is stated that the Federation is not competent to arrive at a settlement. Whether the Federation is competent to enter into the settlement cannot be adjudicated in these batch of writ applications, more so when the Federation is not a party to the writ applications. Additionally the daily wagers whose cases came to be considered on the basis of impugned decisions (settlements) have not been impleaded as parties. All the previous settlements as referred to above were taken note of and a composite scheme was formulated and the modalities were left to be determined administratively on Circle to Circle basis depending upon the local requirements in consultation with the Federation's affiliate. There is no dispute about correctness of the minutes recorded. The decision was taken administratively, and on the basis of the settlement arrived at. The currency of the arrangements made on the basis of the impugned decisions/settlements has come to an end on March 31, 1997. There is no dispute about correctness of the minutes recorded. The decision was taken administratively, and on the basis of the settlement arrived at. The currency of the arrangements made on the basis of the impugned decisions/settlements has come to an end on March 31, 1997. It is pleaded by the petitioners that the modalities may be followed in future though new norms have been fixed as yet. We do not think it necessary to go into those hypothetical questions. It goes without saying that if the petitioners feel aggrieved about the norms when formulated the same can be questioned before the appropriate forum/authority. 7. Above being the position, we find no scope for entertaining the writ applications which are dismissed. No costs. S.N. Phukan, C.J. 8. I agree. Final Result : Dismissed