PRABIR KUMAR SARKHEL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Affidavit-of-service filed in Court today be taken on record.

(2.) The petitioner is a retired employee of the State Bank of India. He has received all his terminal benefits and is presently receiving his pension.

(3.) After his retirement, the petitioner was appointed as Facilitator for ATM Management in the Bank on contract basis by a letter of appointment dated 25th January, 2019. The terms and conditions of the appointment letter mentions that the engagement will be for an initial period of six months with effect from 1st February, 2019 and the same will be reviewed after six months. On successful review, the services would be extended for a maximum total period of three years or till attaining 65 years of age, whichever is earlier. The contract period was not to be reckoned as service or re-employment for the purpose of superannuation benefits/PF/Bonus etc. The Facilitator was to execute a stamped undertaking before taking up the assignment. The Bank had the discretion to cancel or terminate the contract of engagement at any time without assigning any reason whatsoever with an option of 30 days notice period or payment/surrender of remuneration in lieu thereof. The engagement was not considered as a case of re- employment in the Bank. It was an engagement as a service provider only and it did not create any employer-employee relationship. The Facilitator was to receive the fixed monthly remuneration of Rs.30,000/- (rupees thirty thousand) per month along with conveyance charges of Rs.5,000/- (rupees five thousand) and mobile reimbursement Rs.1,000/- (rupees one thousand) per month (on declaration basis). It was only upon acceptance of the terms and conditions as mentioned in the letter of appointment, the appointment was to take into effect.