Disposed

Hitesh Kundalwal S/O Radheyshyam Prajapati v. Uco Bank

Rajasthan HC13 Jul 2021CW/2371/2021

Case brief

AI extract

What is this about?

Writ petition filed by bank employees challenging proposed termination of their contracts. Court disposed of the petition based on respondent's assurance not to terminate before expiry and directed continuation of service till contract end.

What did the court decide?

Direction to respondents to allow petitioners to work in terms of the contract agreement till the date of period mentioned in the chart.

Hitesh Kundalwal S/O Radheyshyam… — Contract and Commercial Disputes | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 2371/2021

¶3

Hitesh Kundalwal S/o Radheyshyam Prajapati, Aged About 23 Years, Resident Of Deahmi Kalan, Bagru, Jaipur, Rajasthan.

¶4

Ashish Sharma S/o Hemraj Sharma, Aged About 32 Years, Resident Of New Colony, Morija, Chomu, Rajasthan.

¶5

Pradeep Senwar S/o Sh. Naga Ram(Nr) Senwar, Aged About 27 Years, Resident Of Ratkuriya, Jodhpur, Rajasthan.

¶6

Bhanwar Singh S/o Revat Singh, Aged About 36 Years, Resident Of Hari Om Nagar, Nathrau,jodhpur, Rajasthan.

¶7

Ram Ratan Saini S/o Rupa Ram Saini, Aged About 30 Years, Resident Of Shri Basteshwar Nagar, Lawari, Jodhpur, Rajasthan.

¶8

Jog Singh Rathore S/o Gulab Singh Rathore, Aged About 34 Years, Resident Of 42, Rajputon Ka Bas, Kalijal, Jodhpur, Rajasthan.

¶9

Jaswant Singh S/o Khet Singh, Aged About 30 Years, Resident Of Balesar Satta Ummed Nagar, Jalandhar Nagar, Jodhpur, Rajasthan.

¶10

Govind Prasad Sevag S/o Jagdish Chand Sevag, Aged About 31 Years, Resident Of Lohawat Bisnawas, Jodhpur, Rajasthan.

¶11

Sharwan Kumar S/o Mohan Ram, Aged About 28 Years, Resident Of Uttambhar, Jodhpur, Rajasthan.

¶12

Rambabu Jat S/o Ramjeet Singh, Aged About 41 Years, Resident Of Naya Gaon, Khalsa, Bharatpur, Rajasthan.

¶13

Gaje Singh S/o Gop Singh, Aged About 27 Years, Resident Of Daipara Khichiyan, Jodhpur, Luni, Rajasthan.

¶14

Jeewan Das S/o Mangidas, Aged About 35 Years, Resident Of 200 Mandir Ke Pass, Village Olvi, Tehsil Bilada, Jodhpur, Rajasthan.

¶15

Shiva Ram S/o Aadu Ram, Aged About 28 Years, Resident Of Bhilo Ki Dhaniya, Rajgarh, Jodhpur, Rajasthan.

¶16

Budhi Prakash Sharma S/o Bhanwar Lal Sharma, Aged About 28 Years, Resident Of 18, Nhariya Ka Bas,

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(2 of 7)

¶18

[CW-2371/2021]

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Shivdaspura, Chakshu, Jaipur, Rajasthan.

¶20

Ashok Kumar Sharma S/o Bhagwan Sahay Sharma, Aged About 34 Years, Resident Of Kui Waloki Dhani, Tharwara Khurd, Titarwada Kalan, Dausa, Rajasthan.

¶21

Subhash Chand Gurjar S/o Rameshwar Prasad Gurjar, Aged About 25 Years, Resident Of Pachayat Bajrangpura, Tehsil Viratnagar, Jaipur, Rajasthan.

¶22

Mala Ram S/o Himata Ram, Aged About 42 Years, Resident Of Meghwalo Ki Dhani, Lohawat, Bisnawas, Jodhpur, Rajasthan.

¶23

Sunil S/o Jethmal Sharma, Aged About 30 Years, Resident Of Sundo Ka Was, Bastawa, Jodhopur, Rajasthan.

¶24

Keshar Ram S/o Mana Ram, Aged About 29 Years, Resident Of Shivpuri, Shri Jammeshwar Nagar, Lohawat, Jodhpur, Rajasthan.

¶25

Jala Ram S/o Ummeda Ram, Aged About 31 Years, Resident Of Udesar Agolai Tehsil Balesar, Agolai, Jodhpur, Rajasthan.

¶26

Dhara Singh Gurjar S/o Prabhu Dayal Gurjar, Aged About 31 Years, Resident Of Liloj Ka Gola, Dausa, Rajasthan.

¶27

Sonu Saini S/o Babulal Saini, Aged About 29 Years, Resident Of Rav Ka Kuaa, Digo Road Ranjoli, Ward No 21, Lalsot, Dausa, Rajasthan.

¶28

Ram Lal Kumawat S/o Mool Chand Kumawat, Aged About 30 Years, Resident Of 476, Bera Ki Dhani, Manda Bhimsingh, Tehsil Sambhar, Jaipur, Rajasthan.

¶29

Mohan Lal Singariya S/o Ganga Ram Singariya, Aged About 36 Years, Address- Vpo Dhodsar Via Govindgarh, Tehsil Chomu, Rajasthan.

¶30

Gajraj Singh Chouhan S/o Arjun Singh, Aged About 38 Years, Resident Of Kakawali Dhani, Haripura, Dausa, Rajasthan.

¶31

Sunil Kumar Panchal S/o Babulal Panchal, Aged About 30 Years, Resident Of Village Bidoli Post Nizampura, Tehsil Lalsot, Dausa, Rajasthan.

¶32

Hablu Ram Saini S/o Ramdayal Saini, Aged About 26 Years, Resident Of Village Keshrisinghpura, Teshil Baswa, Dausa, Bandikui, Rajasthan.

¶33

Kalu Ram Meena S/o Kajod Mal Meena, Aged About 43

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(3 of 7)

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[CW-2371/2021]

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Years, Resident Of Tehsil Nangal Rajawatan, Lahri Ka Was, Dausa, Rajasthan.

¶37

Surendra Singh S/o Ummed Singh, Aged About 27 Years, Resident Of Ward No 10, Ladunda, Jhunjhunu, Chirawa, Rajasthan

¶38

Bhag Chand Bhakar S/o Ram Karan Bhakar, Aged About 32 Years, Resident Of Jato Ka Mohalla, Beegolav, Dudu, Jaipur, Rajasthan.

¶39

Narendra Kumar Saini S/o Shimbhu Dayal, Resident Of Mahadev Wala Ki Dhani, Rajasthan.

¶40

Anindra Saini S/o Shimbhudayal, Aged About 33 Years, Resident Of 927, Mahadev Wala Ki Dhani, Baswa, Dausa, Rajasthan.

¶41

Mangi Lal S/o Deraj Ram, Aged About 44 Years, Resident Of Denok Road, Hansha Desh, Lohawat, Jodhpur, Rajasthan.

¶42

Devilal Paliwal S/o Moola Ram, Aged About 45 Years, Resident Of Paliwalo Ka Bas, Dugar, Agolai, Jodhpur, Rajasthan.

¶43

Seema Pareek D/o Champa Lal Pareek, Aged About 35 Years, Resident Of Raghunath Mandir Ke Pass, Sadar Bazaar, Dudu, Jaipur, Rajasthan.

¶44

Bharat Kumar S/o Dungar Das, Aged About 24 Years, Resident Of Chamu, Jodhpur, Rajasthan.

¶45

Narayan Singh Rathore S/o Takhat Singh Rathore, Aged About 37 Years, Resident Of Gilakore, Jodhpur, Rajasthan.

¶46

Shailendra Kumar Sharma S/o Loonkaran Sharma, Aged About 29 Years, Resident Of 210, Purane Thane Ke Pass, Baap, Jodhpur, Rajasthan.

¶47

Bablesh Kumar S/o Chandar Saini, Aged About 23 Years, Resident Of Sendhli, Bharatpur, Rajasthan.

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----Petitioners

¶49

Versus

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Uco Bank, Financial Inclusion Department, Head Office, 3Rd Floor, 10, Btm Sarani, Kolkata-700001, Through General Manager.

¶51

Uco Bank, Financial Inclusion Department, Zonal Office, 2Nd Floor, Orbit Mall, Jaipur-302006, Through Zonal Manager.

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(4 of 7)

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[CW-2371/2021]

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Uco Bank, Financial Inclusion Department, Zonal Office, 461, Pal Link Road, Jodhpur, Rajasthan 342008, Through Zonal Manager.

¶55

M/s Integra Micro System Private Limited, G-5, Swiss Complex, 33, Race Course Road, Banglore-560001, Through Its Manager.

¶56

M/s Manipal Business Solution Private Limited, 7Th Floor, Tower B, Bptp Park Centra, Sector-30, Guragon, Through Its Manager.

¶57

----Respondents

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For Petitioner(s)	: Mr. Vikas Kabra.
For Respondent(s)	: Mr. C.P. Sharma.

¶59

HON'BLE MR. JUSTICE INDERJEET SINGH

¶60

Order

¶61

13/07/2021

¶62

This writ petition has been filed by the petitioner with the

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following prayer:-

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“It is, therefore prayed that this writ petition may kindly be admitted and allowed and by an appropriate writ, order or direction:-

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1. The Hon'ble Court may kindly call for the entire Data/Record with respect to services of the Petitioners, rendered under the Employment of Respondent No. 1 and 2.

¶66

2. by an appropriate writ, order or directions the impugned Contract/Letter dated 16.12.2020. Whereby replacing the petitioners by way of other Employees, may kindly be declared null and void "ab initio" and may kindly Quash and set-aside further the Respondents may kindly be directed to allow the petitioners to Work as "I B C" under the Respondent-Bank only.

¶67

3. by an appropriate Writ, Order or directions, the actions to be taken which during the pendency of the Writ petition, adversely affecting and prejudicial to the interest of petitioners may kindly be taken on record and be quashed and set aside.

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4. Any other order, which this Hon'ble Court deem just and proper may kindly be passed in favour of the petitioners.

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(5 of 7) [CW-2371/2021]

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5. Cost of the Writ petition may kindly be awarded in favour of the petitioners.”

¶71

Brief facts of the case are that all the petitioners were engaged by the respondent-Bank on contract basis and a business correspondent agreement was entered between the petitioners and the respondent-Bank and as per the terms and conditions of the contract agreement, the agreement is valid for a period of three years from the date of its execution and may be renewed for further period of two years on the existing terms and conditions or the modified terms and conditions as may be mutually agreed between the parties.

¶72

Counsel for the petitioners submitted that the respondentBank is going to terminate the contract of the petitioners even before expiry of the contract period.

¶73

Counsel appearing on behalf of the respondent-Bank filed a reply to the writ petition and in para no.4 a chart has been shown mentioning the agreement execution date and status of

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agreement/validity date which reads as under :-

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Sr no	Name of petitioner	Zone	Branch	Agreement execution date	Status of agreement/ Valid upto
1.	Hitesh Kundalwal	Jaipur	Bagru	08-08-2018	07-08-2021
2.	Ashish Sharma	Jaipur	Moriza	24-07-2018	23-07-2021
3.	Pradeep Senwar	Jodhpur	Khangta	08-08-2018	07-08-2021
4.	Bhanwar Singh	Jodhpur	Chamu	27-07-2018	26-07-2021
5.	Ram ratan saini	Jodhpur	Bhopalgarh	01-08-2018	31-07-2021
6.	Jog Singh Rathore	Jodhpur	Dhava	21-07-2018	20-07-2021
7.	Jaswant sngh	Jodhpur	Balesar	06-11-2015	AGREEMENT EXPIRED
8.	Govind Prasad	Jodhpur	Lohawat	19-07-2018	18-07-2021
9.	Sharwan kumar	Jodhpur	Belwa	25-07-2018	24-07-2021
10.	Ram babu jat	Jaipur	Bhusawar	25-01-2021	24-01-2024
11	Gaje singh	Jodhpur	Dhava	30-07-2018	29-07-2021
12	Jeevan Das	Jodhpur	Bhavi	26-07-2018	25-07-2021

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(6 of 7) [CW-2371/2021]

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13	Shiva Ram	Jodhpur	Belwa	25-07-2018	24-07-2021
14	Budhi prakash sharma	Jaipur	Chandlai	28-04-2017	AGREEMENT EXPIRED
15	Ashok Kumar sharma	Jaipur	Sainthal	03-10-2017	AGREEMENT EXPIRED
16.	Subhash chand gurjar	Jaipur	Antela	22-10-2018	21-10-2021
17	Mla ram	Jodhpur	Lohawat	21.05.2018	20-05-2021
18	Sunil	Jodhpur	Belwa	25-07-2018	24-07-2021
19	Kesar ram	Jodhpur	Lohawat	19-07-2018	18-07-2021
20	Jala ram	Jodhpur	Agolai	26-07-2018	26-07-2021
21	Dhara singh gurjar	Jaipur	Panditpura	01-12-2018	30-11-2021
22.	Sonu saini	Jaipur	Lalsot	27-07-2018	26-07-2021
23	Ram lal kumawat	Jaipur	Manda bhim singh	08-05-2017	AGREEMENT EXPIRED
24	Mohan lal snagriya	Jaipur	Dhodsar	23-07-2018	22-07-2021
25	Gajarj singh chouhan	Jaipur	Rahuwas	03-02-2015	AGREEMENT EXPIRED
26	Sunil kumar panchal	Jaipur	Deedwana	13-12-2016	AGREEMENT EXPIRED
27	Hablu ram saini	Jaipur	Bandikui	09-04-2018	08-04-2021
28	Kalu Ram meena	Jaipur	Lahri ka bas	09-03-2016	AGREEMENT EXPIRED
29	Surendra singh	Jaipur	M Q Pilani	21-11-2018	20-11-2021
30	Bhag chand bhakar	Jaipur	Dudu	13-01-2017	AGREEMENT EXPIRED
31	Narendra kumar saini	Jaipur	Baswa	23-06-2016	AGREEMENT EXPIRED
32	Anindra Saini	Jaipur	Baswa	06-01-2020	05-01-2023
33	Mangi Lal	Jodhpur	Lohawat	19-07-2018	18-07-2021
34	Devi lal	Jodhpur	Agolai	26-07-2018	25-07-2021
35	Seema pareek	Jaipur	Dudu	31-07-2019	30-01-2022
36	Bharat kumar	Jodhpur	Chamu	27-07-2018	26-07-2021
37	Narayan Singh	Jodhpur	Dechu	01-08-2018	31-07-2021
38	Shailendra kumar	Jodhpur	Bap	03-08-2018	02-08-2021
39	Bablesh kumar	Jaipur	Bushawar	25-01-2021	24-01-2024

¶78

Counsel for the respondents stated at bar that the respondent-Bank will not terminate contract of any of the petitioner before completion of the contract period as mentioned in the above chart.

¶79

Counsel for the petitioners has not disputed the submission made by counsel for the respondent-Bank.

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(7 of 7)

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[CW-2371/2021]

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In that view of the matter, the writ petition stands disposed of with a direction to the respondent-Bank to allow the petitioners to work in terms of the contract agreement till the date/period as mentioned against the names of the petitioners in the above chart. However, the respondents are at liberty to terminate the services of the persons whose term is over as per their contract

¶83

agreement.

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(INDERJEET SINGH),J

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MG/54

Hitesh Kundalwal S/O Radheyshyam Prajapati v. Uco Bank

Case brief

What is this about?

What did the court decide?

Hitesh Kundalwal S/O Radheyshyam Prajapati v. Uco Bank

Case brief

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What did the court decide?

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