STATE BANK OF INDIA STAFF ASSOCIATION STATE BANK OF INDIA STAFF ASSOCIATION Vs. STATE BANK OF INDIAS:STATE BANK OF INDIA

JUDGEMENT

(1.) The parties in the aforementioned Civil Appeal and the Writ Petition are the same with the distinction that in the Civil Appeal, the appellants have challenged the order dated July 17, 1995 passed by a Division Bench of the Allahabad High Court, Bench Lucknow, dismissing the Writ Petition No. 1662 (M/B) of 1995, filed by the appellants on the ground that the same was not maintainable as the earlier Writ Petition No. 400 (S/B) of 1995 was dismissed as withdrawn without permission to file a fresh petition for the same relief. While the Writ Petition under Article 32 of the Constitution of India pertains to the relief for quashing of the letter dated May 3, 1995 issued by the respondents to the General Secretary of the SBI Staff Association, Lucknow Circle and also for a writ of mandamus commanding the respondents not to interfere with the affairs of the petitioner - Association and to negotiate with the appellant/petitioner No. 2 Mr. M.R. Awasthy who claims to be the General Secretary of the Staff Association. The appellants and the petitioners being the same, they shall hereinafter be referred to as the appellants.

(2.) The facts in brief as they emerge from the memo of appeal and the writ petition are that the State Bank of India, respondent No. 1 is divided into 13 local Head Offices including one at Lucknow. These Head Offices are called Circles of the respondent - Bank. In all the circles there is a Circle Management consisting of Chief General Manager and General Managers. The appellant No. 1 - The State Bank of India Staff Association (hereinafter referred to as the Staff 'Association') is an affiliate of the All India State Bank of India Staff Federation (hereinafter referred to as the 'Staff Federation') a registered Trade Union, under the Trade Unions Act, 1926 (hereinafter referred to as the 'Act'). The Staff Association represents the workman/employees of Lucknow Circle. According to the appellants, there is an Office of the Staff Association in each circle as well as in each branch of respondent - Bank throughout the country. The Staff Association represents the workmen/employees of the respective circles through its lawfully elected Office bearers in accordance with the Constitution and Bye-laws of the 'Staff Association', having a right to negotiate the industrial matters as the Circle Associations and their duly elected members are recognised by the respondents. Further case of the appellants is that according to the Code, the Joint Consultative Committee comprising the Management and the respesentative of the Staff Association is constituted at two levels, namely, (1) at the Central Level with respondent No. 1 and (2) in each local Head Office of the Circle of respondent No. 1, which are called as a Central Consultative Committee and Circle Consultative Committee of the Bank respectively. The Central Consultative Committee is represented through the 'Staff Federation' and the Circle Consultative Committee is represented through the Circle 'Staff Association'.

(3.) Further case of the petitioners is that in the Circle General Body Meeting of the Staff Association held at Lajpat Bhawan, Kanpur on October 16, 1994 M. R. Avasthi, appellant No. 2 was elected as General Secretary of the Staff Association for a period of three years, in accordance with the byelaws and constitution of the Staff Association. The said election of appellant No. 2 as General Secretary was further confirmed by the Central Committee held at Vrindaban on November 19, 1994, by reason of which M. R. Awasthi, the appellant No. 2 has a legitimate right to represent the Staff Association, appellant No. 1 and about 16,000 workmen / employees of the Circle Management. But the respondent No. 3 the Assistant General Manger (Personnel) of the State Bank of India, Lucknow by his impugned letter dated May 3, 1995, communicated to the General Secretary, the appellant No. 2 herein, that in view of the advise received from the Central Office, the Management shall not negotiate with Shri M. P. Awasthi, appellant No. 2 on any matter of the Union / Association as Shri M. R. Awasthi had already retired from the Bank on January 31, 1995. It is the legality and propriety of this letter which is under challenge herein.