Law:

Section:

Civil service--- ----Zarai Taraqiati Bank---Regularization in service---Advertisement for post of "Management Trainee Officer" of Bank---Successful candidates offered contract job as 'trainees' instead of advertised 'regular posts'---Legality---Bank had no mandate to conduct training for any individual other than its employees---Entire process commencing with the advertisement in newspaper and ending with the final selection and posting of the respondents, was a process of appointment to the post of officer and out of a large number of successful candidates, only 30 were inducted, as there were only such number of vacancies, however, the Bank instead of issuing appointment letters to the respondents made them sign contracts, which were clearly in conflict with the bank's promise of job to the eligible and selected candidates---Respondents were posted at various places in the Bank as 'trainees' but were, entrusted duties and functions as were discharged and performed by officers of the Bank---Not confirming/regularizing services of respondents would be unfair---Fresh recruitment by the Bank in place of the respondents was also against the interest of the Bank as the same would be an expensive exercise in terms of time, money and effort---Respondents since their induction had been performing their job satisfactorily, and were acclimatized with the working of the Bank---Signing of contracts by respondents, could not be allowed to be used as an obstructive instrument in their way of confirmation/regularization, especially because of the non-equilibrium between the bargaining position of the respondents and the Bank---Appeal was dismissed accordingly. Bank placed advertisement in a newspaper for the post of "Management Trainee Officer". Respondents applied, passed the written test and were selected after their interviews, however, instead of issuing appointment letters, the Bank offered them a contract for on the job training as "Management Trainee", for a period of two years. Instead of the word 'salary' word 'stipend' was used for their payment. Contract further provided that the same would not constitute employee/employer relationship between the trainee and the…

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