RADHA RAMAN SAMANTA Vs. BANK OF INDIA
LAWS(SC)-2003-12-15
SUPREME COURT OF INDIA
Decided on December 19,2003

RADHA RAMAN SAMANTA Appellant
VERSUS
BANK OF INDIA Respondents

JUDGEMENT

S. Rajendra Babu, J. - (1.) Whether the Appellant is a badli worker and, if so, is he entitled be absorbed in the Respondent bank is the matter for judgment in this case.
(2.) Appellants case is as follows. That he was appointed as a Badli Subordinate Staff/Sepoy against one permanent vacancy in the Shyamsundar Branch of the Bank of India on 30/10/1988 and worked there up 16/04/1991, for about 492 days. On 16/4/1991 the Branch Manager of the bank asked him not work anymore. Later he made a representation the Zonal Manager requesting appoint him as a regular employee in the bank by quoting the circular No. XVIII/90/20 dated 7th September 1930 of the Federation of the Bank which referred absorption of Badli Sepoys and the bipartite agreement entered between management and Union regarding the same which provides that : "...a Badli worker who has more than 240 days worked in the permanent vacancy after February 1988 in a block of 12 months would be absorbed against clear vacancy as and when they arise."
(3.) Since he did not receive any reply from the Bank, he moved a writ petition before the High Court seeking 3 direction the bank for absorbing him as a regular employee.;


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