Long-term temporary employees in the public sector are entitled to regularization, with courts emphasizing fair treatment and adherence to constitutional principles over contractual labels.

JUDGMENT :

Biraja Prasanna Satapathy, J.

1. Since the claim made in the present batch of Writ Petitions are co-related to each other, all the matters were heard analogously and disposed of by the present common order.

2. While W.P.(C ) Nos.12819 of 2021, 14038 of 2021 to 14042 of 2021, 14044 of 2021, 22724 of 2021 and 22726 of 2021 have been filed challenging the rejection of the Petitioners’ claim to get the benefit of regularization, W.P(C) Nos.6788, 6877, 7057, 7237, 7239, 7241, 7479 and 9665 of 2021 have been filed by the Petitioners challenging the action of the Bank in issuing the Advertisement on different dates to fill up the posts in which Petitioners are continuing. Similarly W.P.(C ) Nos.1890 and 40542 of 2021 have been filed seeking a direction on the Opp. party-Bank to regularize the services of the Petitioners therein.

3. It is the case of the Petitioners that all the Petitioners are working in different branches of Punjab National Bank as Part Time Sweeper on daily wage basis from different dates. It is contended that all the Petitioners are continuing on daily wage basis as Part Time Sweeper and all were so engaged, while United Bank of India was functioning as a Government of India undertaking. It is however contended that while so continuing under the erstwhile United Bank of India, the said Bank along with Oriental Bank of Commerce merged with Punjab National Bank in terms of the Scheme of Amalgamation.

3.1. It is contended that after being amalgamated with Punjab National Bank, General Secretary, All India Punjab National Bank Employees Federation vide letter dt.04.04.2020 under Annexure-2, requested the CEO, Punjab National Bank-Opp. party No.1 to absorb the temporary/adhoc employees (workmen) working in the erstwhile United Bank of India and Oriental Bank of Commerce in permanent service. However, on the face of such request made by the Employees Federation, when the Opp. Party-Bank issued various Advertisements to fill up Group-D posts on regular basis, the same was assailed by the Petitioners in various Writ Petitions so indicated here-in-above. This Court while issuing notice of the matter has also protected the interest of the Petitioners herein.

3.2. It is also contended that as per letter dt.05.01.2021, so issued under Annexure-4, the Bank is in the process to fill up 3800 subordinate posts by way of Direct recruitment. It is contended that taking into account the long continuance of the Petitioners as Part Time Sweeper in different branches of the Opp. Party- Bank, request made by the Employees Federation under Annexure-2, availability of 3800 subordinate posts, Petitioners approached this Court, seeking regularization of their services against such available 3800 subordinate posts in W.P.(C ) No.1866 of 2021.

3.3. This Court vide order dt.27.01.2021 when permitted the Petitioners herein to move the Opp. Party- Bank, claiming the benefit of absorption in the regular establishment, Petitioners raised their claim before the General Manager of the Bank-Opp. party No.2. However, vide the impugned order dt.22.03.2021, such claim of the Petitioners was rejected on various grounds inter alia (a)that the Part Time Sweepers are never recruited by facing due recruitment process, (b) no employee can make a claim for regularization/absorption in the bank dehors the bank’s Rules/guidelines, (c) such subordinate posts are to be filled up by calling from candidates from Employment Exchange or by publishing advertisements.

3.4. Learned Sr. Counsel appearing for the Petitioners contended that since Petitioners were all engaged as Part Tim