Legal Question in Banking Law in India

sir, we have submitting the request letter to SBI Chairman about absorption of resigned employees the matter is as follows. kindly guide me whether legally we get justice..? the matter submitted is

To,

The Chairman,

State Bank of India

SUBJECT: ABSORPTION OF CONTRACT EMPLOYEES WHO HAVE LEFT THE ORGANIZATION.

Dear Sir / Madam,

With reference to the captioned subject we following Employees worked as OMR (Rural) in State Bank of India at different places in Karnataka, have left State Bank Of India with the intention of not getting absorbed, put forward a kind request on behalf of all OMRs (Rural) who have worked in SBI, to consider our services also. It will be a great opportunity to us if you consider our request.

While leaving the organization we all consulted the association and all the management staff about absorption of OMR�s (Rural) but the same were uncertain on the issue and confidently defended that we will not be confirmed for any reason as a policy. And also it was clearly mentioned in the Service And Conduct Rules Sl.No.4 (4.1): Nature of appointment- �The appointment of Officers Marketing & Recovery (Rural) will be purely Contractual in nature for a specified period. The contract will be renewable on Completion of contractual period depending on the performance and suitability Of the Officers Marketing & Recovery (Rural) at the Bank's discretion and Need of the Bank.

Sl.No 9. TERMINAL BENEFITS; Since the services of OMR (Rural) will be on contract basis, they not being permanent Employees of the bank, will not be entitled to become members of the SBI employees Provident fund / pension fund / gratuity fund.

Sl.No 20. TERMINATION OF APPOINTMENT

20.1 These Officers are being recruited by the Bank for skilled / identified jobs and, Therefore, their continuance in the Bank's service on contract inter alia will be incumbent upon the needs of the Bank. As such their service can be terminated at any time by giving due notice / pay in lieu thereof and also they suggested all OMR�s to apply for new job elsewhere and Issued circular Sl.No. 530/2008/09 circular No. CDO/P&HRD;-PM/80/2008-09 Monday, December 01,2008. Permission to apply for job elsewhere and also State Bank of India officers association (K) Ban galore circle issued letter No: 99/MROs/09 to individual OMRs to apply for Rural Probationary Officers exam. And also they mentioned, the management tried to resolve this issue but due to various technical and legal complications issue could not be clinched.

We worked hard for the organization and could not able to stay back as we were not having the job security. Now we are trying for the private Bank but the fact we come to know that our so long service in SBI have no value in other banks because the contract service is not considered, because of this reason we have lost our SBI-experience and missing better position in Other banks also. It is true that we have come out the organization, which happened only because of job security. Since the State bank of India now has decided to consider the contract officers as regular employees which is to be unusual expectation within very short period of we coming out SBI, with this we request kindly to consider our services also in absorption with existing employees. And one more positive thing is we have not diverted our banking line of knowledge and we are very much sure to use our hard working skills, specialized and expertise knowledge for the growth of SBI. We request and we wish that our hard work should also be recognized and considered which has shown some improvement in the growth of the Bank which you can find in our progress report record file with SBI.

Looking forward for your positive response.

Thanking you,

Yours faithfully

To,

The Chairman,

State Bank of India

SUBJECT: ABSORPTION OF CONTRACT EMPLOYEES WHO HAVE LEFT THE ORGANIZATION.

Dear Sir / Madam,

With reference to the captioned subject we following Employees worked as OMR (Rural) in State Bank of India at different places in Karnataka, have left State Bank Of India with the intention of not getting absorbed, put forward a kind request on behalf of all OMRs (Rural) who have worked in SBI, to consider our services also. It will be a great opportunity to us if you consider our request.

While leaving the organization we all consulted the association and all the management staff about absorption of OMR�s (Rural) but the same were uncertain on the issue and confidently defended that we will not be confirmed for any reason as a policy. And also it was clearly mentioned in the Service And Conduct Rules Sl.No.4 (4.1): Nature of appointment- �The appointment of Officers Marketing & Recovery (Rural) will be purely Contractual in nature for a specified period. The contract will be renewable on Completion of contractual period depending on the performance and suitability Of the Officers Marketing & Recovery (Rural) at the Bank's discretion and Need of the Bank.

Sl.No 9. TERMINAL BENEFITS; Since the services of OMR (Rural) will be on contract basis, they not being permanent Employees of the bank, will not be entitled to become members of the SBI employees Provident fund / pension fund / gratuity fund.

Sl.No 20. TERMINATION OF APPOINTMENT

20.1 These Officers are being recruited by the Bank for skilled / identified jobs and, Therefore, their continuance in the Bank's service on contract inter alia will be incumbent upon the needs of the Bank. As such their service can be terminated at any time by giving due notice / pay in lieu thereof and also they suggested all OMR�s to apply for new job elsewhere and Issued circular Sl.No. 530/2008/09 circular No. CDO/P&HRD;-PM/80/2008-09 Monday, December 01,2008. Permission to apply for job elsewhere and also State Bank of India officers association (K) Ban galore circle issued letter No: 99/MROs/09 to individual OMRs to apply for Rural Probationary Officers exam. And also they mentioned, the management tried to resolve this issue but due to various technical and legal complications issue could not be clinched.

We worked hard for the organization and could not able to stay back as we were not having the job security. Now we are trying for the private Bank but the fact we come to know that our so long service in SBI have no value in other banks because the contract service is not considered, because of this reason we have lost our SBI-experience and missing better position in Other banks also. It is true that we have come out the organization, which happened only because of job security. Since the State bank of India now has decided to consider the contract officers as regular employees which is to be unusual expectation within very short period of we coming out SBI, with this we request kindly to consider our services also in absorption with existing employees. And one more positive thing is we have not diverted our banking line of knowledge and we are very much sure to use our hard working skills, specialized and expertise knowledge for the growth of SBI. We request and we wish that our hard work should also be recognized and considered which has shown some improvement in the growth of the Bank which you can find in our progress report record file with SBI.

Looking forward for your positive response.

Thanking you,

Yours faithfully

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