Excelsior Correspondent
JAMMU, Oct 25: High Court of Jammu & Kashmir and Ladakh has directed Commissioner Secretary, Cooperatives Department and Board of Management of J&K State Cooperative Agriculture and Rural Development (SCARD) Bank Limited to conclude the process of consideration of regularization of the services of the petitioners within a period of 12 weeks.
The direction has been passed in a petition filed by Class-IV employees, who came to be initially appointed on probation for a period of two years in the Bank after facing a process of selection. Pursuant to the decision of 123rd Board meeting, the bank vide order dated May 26, 2016 regularized the services of its employees including the petitioners working in both Kashmir and Jammu divisions with effect from May 1, 2016.
However, the Cooperatives Department without any lawful justification issued a communication dated June 7, 2016 adverse to the rights and interest of the petitioners which communication, however, had been kept on hold by the Board of Directors in its 123rd meeting held on May 17, 2016.
“Though a committee constituted by the bank pursuant to 124th Board meeting assessed the performance of the petitioners and submitted report before the Administrative Department yet the respondents didn’t regularize the services of the petitioners necessitating the filing of the petition”, the counsel for the petitioners submitted.
The bank in a status report mentioned that it is the Board of Management only which is empowered to take any decision in respect of the regularization of the services of the petitioners and as on date there is no Board of Management in place.
After hearing both the sides, Justice Javed Iqbal Wani observed, “as per the respondents an Administrator of the Bank has been appointed by the competent authority and that the Administrator in fact has to act as the Board of Management of the bank, till such time a Board is elected in accordance with the provisions of the Act of 1989”.
“In this view of the matter, the Administrator would consider the cases of the petitioners for regularization of their services while taking into account the 123rd and 124th Board meetings as also the decision of the Tribunal dated 13.06.2015”, High Court said and directed the respondents to conclude the process of consideration of regularization of the services of the petitioners preferably within a period of 12 weeks from today.
Advocate Meenakshi Salathia appeared for the petitioners.
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