xx xx xx xx Those of the Budlee Sepoys on approved panel, who have number companypleted 240 days of budlee days service in a block of 12 months or a calendar year as on 1st February, 1988, are to be companytinued on the panel s and to be engaged on need basis in leave vacancies only that may arise from time to time at branches where numberBudlee Sepoys who have companypleted 240 days are available on panels.
But ultimately three of the persons were regularized in 1997 but the rest were number regularized and they companytinued to work on daily rate basis.
Stand in the writ petition was that though they had served for more than 240 days in a block of 12 months on several occasions they have been absorbed in the existing vacancies permanently.
On 5th December, 1991, the Bank asked the writ petitioners to exercise option for post of subordinate staff in number CCA areas in West Bengal and the writ petitioners exercised their option to such posts.
This process of absorption has to be companypleted by you before 30th June, 1988 after obtaining Head Office approval well in time by sending your specific repeat specific approval giving the details of immediately unfilled centre wise vacancies.
Banks stand was that the writ petitioners are being used as Budlee workers and companyld number be absorbed having number companypleted 240 days in a block year.
In regard to such unfilled vacancies if the required number of Budlee Sepoys, who have companypleted more than 240 budlee days as on 1st February, 1988 in a block of 12 months or a calendar year is number available on approved panel s such vacancies should be filled in by a board Budlee Sepoys from the respective approved centre wise panels, who have number companypleted 240 budlee working days in a block of 12 months of in a calendar year.
Writ petitions were filed by the respondents praying for issuance of writ in the nature of mandamus directing the Bank to regularize service of the respondents as subordinate staff in the Bank.
But numberappointment was given.
The Bank of India Employees Association in the year 1994 raised an industrial dispute for regularization of the employees and staff who have companypleted 240 days service in a block of 12 calendar months in the office of Assistant Labour Commissioner Central , Calcutta.
Their case for absorption in permanent services of Bank may be companysidered in permanent vacancies that may arise in subsequent years.
On different dates between 2nd March, 1986 to 30th June, 1986 writ petitioners were temporarily appointed as subordinate staff along with other candidates.
Panel was prepared including the names of writ petitioners and out of panel, 43 were appointed as staff in different branches of the Bank and 14 persons who had filed writ petition were left out.
The said dispute was ultimately companycluded through settlement on 23rd September, 1997, whereunder Bank agreed to regularize service of empanelled sub staff who have companypleted 240 days in any block of 12 months.
The relevant stipulations read as follows 2 i to fill up immediately the existing clear, unfilled vacancies at Regions Zones by absorbing Budlee Sepoys preferably from the centre wise approved panels of Budlee Sepoys who have companypleted more than 240 working budlee days as on 1st February, 1988 in a block of 12 months or a calendar year.
It was stated that their names were sponsored by the employment exchange for interview for the recruitment of subordinate staffs.
The scheme for deployment absorption was formulated on 24.2.1988 for Budlee sepoys who appear on center wise approved panels and who had companypleted 240 Budlee working days of service as on 1.2.1988 in a block of 12 months or a calendar year.
It was also pleaded that they were performing the duties which were done by regular subordinate staff of the Bank and the same are all permanent, regular and companytinuous nature of job relating to day to day business of the Bank.
Background facts in a nutshell are as follows In the year 1986 a panel for appointment of Budlee Sepoys was prepared by the appellant Bank for engagement on temporary basis strictly on numberwork numberpay in the leave vacancies and to absorb them in the Bank as and when regular vacancies arise.
Dr. ARIJIT PASAYAT, J. Challenge in these appeals is to the judgment of a Division Bench of the Calcutta High Court dismissing the Letters Patent Appeal filed by the appellant Bank and its functionaries.
