Excelsior Correspondent
Srinagar, Aug 31: High Court today dismissed the plea seeking continuation of services, filed by the persons who were engaged on contractual basis in J&K Bank under the scheme J&K Bank Rural Self Employment Training Institutes Society (JKBRSETIS) introduced by Central Government.
The petitioners were engaged in the year 2009 to impart entrepreneurship development, self-employment trainings, instructions and skill building programmes in the erstwhile State.
In that directions the society set up (JKBRSETIS) in various districts and J&K Bank acted as a lead bank in the scheme. The funding of the society was provided by the sponsor bank, Government of India, the erstwhile State Government for carrying out and pursuing the objectives of the society.
The bank issued notice of disengagement in the name of petitioners/contractual employees and the same has been challenged by the petitioners for seeking quashing of the notice and subsequently allowing them to continue in contractual service till the scheme is subsisting.
The J&K Bank opposed the relief sought by the petitioners and submitted that the offer of contractual engagement was made for a period of eleven months which was extended from time to time till final extension that allowed the continuation of the petitioners on contractual basis till July 31, 2019 and thereafter have been discontinued on the expiry of their term.
Justice Ali Mohammad Magrey dismissed the plea of petitioner as they have chosen a forum by filing a civil suit before the trial court on the subject. “…therefore the inherent jurisdiction vested with this court cannot be exercised on the subject while the civil suit is pending”, Justice Magrey observed.
He recorded that the petitioner were estopped in law to file instant petition when already they had chosen a forum and exhausted a remedy available in terms of provision of Code of Civil Procedure.
Bank counsel submitted before the court that the scheme in question was formulated by the Central Government and there are limitations provided therein and added that it would not be in consonance with law that people are allowed to continue in contractual service for all times to come and if the scheme under which they are engaged, continues for 100 years they would continue for the said period.
“For the reasons recorded hereinabove, the writ petition is held to be without any merit, therefore, dismissed”, Justice Magrey concluded.
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