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Consultant In Legal Matters
L.sanjit
Banker

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Sir,
I have been working with a Private Co-operative Bank for the past 2 years on contract basis. Recently, in Feb this year, Board of Directors of the Bank passed an order for regularisation of the contract staff. However, some members of the Bank and the employees union of the Bank have challenged our regularisation order taking us to the High Court. Their acuse to us are that we were not hired to prevailing rules. In this I would like to highlight some points. (i) BOD (Board of Directors) advertised an ad for employment of 23 employees in year 2011. (ii) Recruitment of 22 employees done in 2012 under a DPC (iii) 11 of us were put in waiting list in the said DPC (iv) Some resultant vacacies arise due to supernnuation of employees (v) BOD announces for taking up the waiting list but with no advertisement (vi) 11 of us worked for a year and half under contract basis.

Now, I have also heard of Uma Devi cases and some similar cases alike. For me, I would like to know, in the circumstances cited above, would l and the others be treated a backdoor entry to the said Job ???

From India, Delhi
Since you are working in a private bank, the public employment features are not applicable nor Umadevi decision is applicable to you. Unless there is any statutory rule coming in the way of your regularisation or the other set employees are being discriminated who fall in the category of workmen and are subjected to unfair labour practice, there is no bar to regularise you.
Thanks
Sushil

From India, New Delhi
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