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Orissa High Court Directs Odisha Grameen Bank to Frame Regularisation Scheme for Temporary Employees

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The Orissa High Court has directed Odisha Grameen Bank to frame a scheme within four months to regularise the services of 20 employees who have been working on a temporary basis at various branches across the state. The court said the employees should be considered for regularisation against the relevant posts or similar posts, taking their seniority into account.

The order was passed by Justice Biraja Prasanna Satapathy on Wednesday while hearing a batch of four writ petitions filed in 2019. The High Court quashed the bank’s order dated May 27, 2019, which had rejected the employees’ requests for regularisation. The court directed the bank to prepare a proper scheme to address their claims.

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The 20 employees were engaged at different times to work as drivers, sweepers, messengers, DTP operators, IT electricians, and IT networking and hardware workers. They continued to work on a temporary basis at different branches of Odisha Grameen Bank, which operates around 500 branches across the state.

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The petitioners argued that sweepers and messengers in regional rural banks were often engaged through contractors, service providers or directly at the discretion of individual branch managers. They said these appointments were not always made under the Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1987. They also referred to an award passed by the National Industrial Tribunal on April 30, 1990, which directed the regularisation of temporary or part-time sweeper-cum-messengers from the date of their initial continuance in service.

The tribunal had been constituted by the Central Government following directions from the Supreme Court on issues related to the regularisation of such workers and equal pay. The employees relied on the tribunal’s award to support their demand for regular employment.

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Opposing the petitions, Odisha Grameen Bank argued that some employees had sought regularisation after working for only two to five years. The bank also submitted that the petitioners had continued in service because of interim protection granted by the High Court while their cases were pending. On this basis, the bank argued that they could not claim regularisation as a matter of right.

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After examining the arguments, the High Court considered the tribunal’s award and judgments delivered by the Karnataka, Andhra Pradesh, Chhattisgarh and Tripura High Courts in similar cases involving employees of regional rural banks. The court held that Odisha Grameen Bank was required to frame a regularisation scheme for the employees.

Justice Satapathy directed the bank to take guidance from the scheme formulated by Andhra Pradesh Grameena Vikash Bank while preparing its own scheme. The bank has been given four months from the date of receiving the court’s order to complete the exercise.

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The direction provides a way for the 20 temporary employees to have their claims for regularisation considered under a formal scheme, with due consideration given to the relevant posts and their seniority.

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