- (1.) Civil Appeals Nos. 16699-712 of 1996 are filed by Karnataka State cooperative Apex Bank Ltd. while Civil Appeals Nos. 16713-26 of 1996 are filed by the Clerks employed in the said Bank. All these appeals challenge the judgment of the Division Bench of the Karnataka High Court under which the High Court has given a direction to absorb 12 respondents who were initially appointed by the appellant Bank as mobile trainers and had been recruited in the years 1985-86 and 1986-87.
(2.) At the material time the National Cooperative Development corporation (NCDC) had undertaken a project financed by World Bank called NCDC III Project. The implementation of the said Project in the State of Karnataka was to be done by Karnataka State Cooperative Apex Bank ltd. , hereinafter referred to as the appellant Bank. For implementing the said project, the appellant Bank issued two advertisements, one dated 25-11-1985 and the other dated 21-2-1987 for appointment of mobile trainers. Prior to the issue of these advertisements, the Board of the appellant Bank had passed a resolution dated 7-8-1985 resolving to recruit 23 mobile trainers in the pay scale of Rs 550-1150 for the implementation of NCDC III Project in the next three years in the manner set out in that resolution. The resolution also stated that out of the 23 mobile trainers, 8 trainers recruited in 1985-86, and the first four trainers recruited during the year 1986-87 would be on a permanent basis while the other trainers would be only for the specific period of the project implementation as per the guidelines. The appellant Bank had also obtained an order from the Registrar of Cooperative Societies dated 19-8- 1985 permitting recruitment to the 23 posts of mobile trainers under NCDC iii Storage Project.
(3.) In the advertisement of 21-11-1985, which is an advertisement for five posts of mobile trainers, it is stated that the mobile trainers are to be selected under NCDC III Storage Project, and these posts shall be treated as a separate cell. In the second advertisement of 21-2-1987, it is stated that the mobile trainers are being recruited under NCDC III World Bank Project. It is further stated that the appointments are purely temporary and anywhere in the State. The respondents have been appointed pursuant to these advertisements. The letters of appointment issued to those respondents who had applied under the first advertisement clearly set out that the appointment which is given to the mobile trainer concerned is purely on a temporary basis coterminous with ncdc III Project. The letter of appointment also inter alia states that these posts are treated as a separate cadre in the Agricultural Cooperative Staff training Institute and are not interchangeable with any cadre of the Bank. The letter of appointment further states that if the person selected is agreeable to the terms set out in the appointment letter, he is directed to report for duty as set out therein. We are not concerned with the other terms and conditions of the appointment letter.;