ANDHRA BANK OFFICERS UNION, HYDERABAD Vs. ANDHRA BANK

JUDGEMENT

(1.) THE appellant before us is Andhra Bank Officers Union, Hyderabad. For constituting the Board of Directors under the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1980, it is provided that one Director from among the employees of the nationalised bank, who are not workmen to be appointed by the Central Government after consultation with the Reserve Bank.

(2.) IT is contended on behalf of the appellant that under the Scheme, the appropriate course would be that where there are more than one Officers' Associations or Unions it would be proper to identify representative Association/Union in the same manner as is done in the case of representative Union in relation to workmen. In support of this submission the learned counsel has relied upon a decision of this Court in All India Bank Officers' Confederation v. Union of India. He highlights that the procedure adopted now in finding out the number of subscribers in each of the Association or Union of Officers by check off system is not proper and the proper course will be to refer the matter to Chief Labour Commissioner and to find out as to which is the representative Association or Union of the Officers from whom a Director could be nominated to the Board of Directors. The procedure adopted by the respondents was challenged in a writ petition before the High Court and the learned Single Judge allowed the writ petition. On further appeal, the Division Bench set aside that order and dismissed the writ petition. Hence this appeal.The contentions urged before the High Court have been repeated before us. It is clear from the provisions of the Scheme that one Director from among the employees of the nationalised bank, who are not workmen to be appointed by the Central Government after consultation with the Reserve Bank. The principle stated by this Court in All India Bank Officers' Confederation (supra) does not detract from the principle adopted by the respondents in identifying as to which of the Officers' Association/Union has to be taken note of in nominating the Director. Therefore, we think the view taken by the Division Bench of the High Court in this case is perfectly justified and does not call for any interference. The appeal is therefore dismissed. There shall be no order as to costs.