DENA BANK Vs. KARTIK DAS BANDOPADHYAY

JUDGEMENT

(1.) Special leave granted.

(2.) In the instant case a settlement had been arrived at between the bank and the union under the provisions of section 2 (p) of the Industrial Disputes Act, 1947 read with section 18 (1) of the Industrial disputes Act and rule 58 of the Industrial disputes (Central) Rules. One of the terms of the settlement related to the selection modality. Two channels of promotion were indicated in terms of settlement - one was seniority-cum-merit and the other was only merit. The manner in which each of the channels were to be worked out was indicated. In the case of seniority-cum-merit channel, marks were to be awarded for seniority, educational qualification and written test. No minimum qualifying marks for written test was provided. With regard to selection under the merit channel, the only criterion which was relevant was the educational qualification and the written test, the minimum qualifying marks for written test being 50 per cent.

(3.) The respondent took part in the selection process for promotion to the post of junior management cadre, scale-1 under the first channel, namely, seniority-cum- merit. He was not successful and thereafter he filed a writ petition in the High court. There was no challenge raised in the writ petition either to the terms of the settlement or to the applicability of the said terms. The perusal of the writ petition shows that the main contention raised by the respondent was that he had done well in the test and his papers should be re-evaluated and if this is ordered then the court would find that he should have been selected.