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U.p.sahkari Gram Vikas Bank Ltd.karm. Parishad Kanpur Thru.general Secy.anil Yadav Alias Anil Kumar v. State Of U.p. Thru. Addl. Chief Secy. Deptt. Of Cooperative Govt. Of U.p. Civil Secrt. Lko. And Ors

U.p.sahkari Gram Vikas Bank Ltd.karm. Parishad Kanpur Thru.general Secy.anil Yadav Alias Anil Kumar v. State Of U.p. Thru. Addl. Chief Secy. Deptt. Of Cooperative Govt. Of U.p. Civil Secrt. Lko. And Ors

(High Court Of Judicature At Allahabad, Lucknow Bench)

WRIT - C No. - 8959 of 2022 | 14-12-2022

1. Supplementary affidavit filed today is taken on record.

2. Heard Shri Vidhu Bhushan Kalia, learned Counsel for the petitioner, learned Standing Counsel for the State and Shri Gaurav Mehrotra, learned Counsel for the opposite parties no. 2 to 5.

3. The introduction of an Application (App.) called as Employee Attendance and Tracking App. is prima facie to aid and facilitate efficiency of the employees. It is with this object that a resolution no. 6 was passed by the Board of Directors which was negotiated with the employees Union and is sought to be introduced. The petitioners have assailed the resolution and implementation thereof on various grounds including infringement of right to privacy.

4. It is informed by learned Counsel for the opposite parties that out of a total strength of 2582 employees, nearly 2302 employees have already downloaded the application on their personal mobile sets. The acceptance of resolution by 90% of the staff has dispelled any confusion with respect to right to privacy.

5. This, however, does not rule out the financial hardship which some of the employees may be faced with. The aspect of financial difficulty has also been noticed and addressed by means of letter dated 02.12.2022. It has also been explained to us satisfactorily and the facility of loan applied for shall be implemented meaningfully.

6. The apprehension of the petitioners that the application in question would invade upon their right to privacy is left open and any such eventuality on being experienced, the petitioner shall be at liberty to approach this Court by instituting fresh proceedings. We expect the members of the petitioner union to observe discipline and work for the optimum growth of the Bank.

7. The Writ petition is accordingly disposed of.

Advocate List
  • Vidhu Bhushan Kalia,Rajat Rajan Singh

  • C.S.C.,Gaurav Mehrotra

Bench
  • Hon'ble Justice Attau&nbsp
  • Rahman Masoodi
  • Hon'ble Justice Om Prakash Shukla
Eq Citations
  • LQ
  • LQ/AllHC/2022/20389
Head Note

Service Law — Discipline — Attendance and Tracking App. — Introduction of — Held, apprehension of petitioners that application in question would invade upon their right to privacy is left open and any such eventuality on being experienced, petitioner shall be at liberty to approach Supreme Court by instituting fresh proceedings — Constitution of India, Arts. 19(1)(d) & (2) and 21 (Para 6)