Facing Legal Challenges: Are We Considered Backdoor Entries in Our Bank Jobs?

I have been working with a Private Cooperative Bank for the past 2 years on a contract basis. Recently, in February this year, the Board of Directors of the Bank passed an order for the regularization of the contract staff. However, some members of the Bank and the employees' union of the Bank have challenged our regularization order by taking us to the High Court. Their accusations against us are that we were not hired according to prevailing rules.

Points of Concern

In this regard, I would like to highlight some points:
(i) The Board of Directors advertised a job for the employment of 23 employees in the year 2011.
(ii) The recruitment of 22 employees was done in 2012 through a DPC.
(iii) 11 of us were placed on a waiting list in the said DPC.
(iv) Some vacancies arose due to the superannuation of employees.
(v) The Board of Directors announced the consideration of the waiting list but without any advertisement.
(vi) 11 of us worked for a year and a half on a contract basis.

Now, I have also heard of Uma Devi cases and some similar cases. For me, I would like to know, in the circumstances cited above, would I and the others be considered as having gained backdoor entry to the said job?

Thank you.

Since you are working in a private bank, the public employment features are not applicable, nor is Umadevi's decision applicable to you. Unless there is any statutory rule coming in the way of your regularization or the other set employees are being discriminated against, who fall into the category of workmen and are subjected to unfair labor practices, there is no bar to regularize you.

Thanks,

Sushil