LAWS(DLH)-2014-8-329

POOJA SAXENA Vs. UNION BANK OF INDIA

Decided On August 05, 2014
POOJA SAXENA Appellant
V/S
UNION BANK OF INDIA Respondents

JUDGEMENT

(1.) THE present petition has been filed by the petitioner praying inter alia that the respondent/Union Bank of India be restrained from terminating her services in the capacity of a Customer Relationship Executive (in short 'CRE') and further, the respondent/Bank be directed to regularize her appointment relating back to the date of her initial appointment.

(2.) COUNSEL for the petitioner submits that initially, the petitioner was employed by the respondent/Bank as a CRE, vide letter of appointment dated 16.6.2011 (Annexure P -4). The said appointment was for a period of two years, expiring on 3.7.2013. Subsequently, the contractual appointment of the petitioner was extended for a period of one year, expiring on 3.7.2014. For claiming entitlement to regularization, the petitioner relies on Clause 15 of the Recruitment Policy of the respondent/Bank that deals with contractual appointments and notes that the Bank may absorb the contractees on regular full -time posts at such terms and conditions, with the prior approval of the Board.

(3.) ON 4.7.2014, when the present petition was listed for admission, learned counsel for the respondent/Bank, who had appeared on advance copy, had stated that the Recruitment Policy relied upon by the petitioner, in particular para 15 thereof, cannot be implemented by the Bank in view of the instructions issued by the Government of India to the effect that regularization cannot take place in terms of the said policy. In view of the aforesaid submission made by the counsel for the respondent/Bank, the Bank was directed to file an affidavit placing on record its stand.