VIJAYA BANK OFFICERS CONGRESS Vs. VIJAYA BANK BANGALORE

JUDGEMENT

(1.) it is well established principle of law that courts shall not interfere with the orders pertaining to transfers of officials or officers unless it is shown that the transfers made are with mala fide intentions, as such transfers are administrative in nature and any such interference with the administrative orders of transfer would create confusion in the matters of administration. Unmindful of the above position the petitioners who are officers of the respondent/vijaya bank have filed these petitions challenging the latest policy of the bank issued as at Annexure 'f' dated 24-12-1991 which is a circular relating to revised transfer policy for officer-employees upto mmg. Scale in of the bank and para 11.4 reads as follows;

(2.) it is not in dispute that all the petitioners viz., petitioners 2 to 4 are the officebearers of the 1st petitioner's congress. The 2nd petitioner is the general secretary, petitioners 3 and 4 are the organising secretaries of the above congress. Respondent vijaya bank has got 3 unions. Respondent vijaya bank is a nationalised one. Thus, under Article 12 of the Constitution of India it is an instrumentality of the state. The respondent bank has its head office in Bangalore and branches all over india. It is submitted that said bank has strength of nearly 25,000 officials and four thousand officers. The bank has three unions viz., (1) all India vijaya bank officers' association, which has the strength of 61.08% of the total number of officer employees (hereinafter referred to as 'association'), (2) vijaya bank officers' union which has the strength of 17.75% (hereinafter referred to as 'union') and (3) vijaya bank officers' congress (regd.) (hereinafter referred to as 'congress') which has the strength of 15.84%. The first union has been treated as a recognised union. All the three unions have their head offices in Bangalore. Petitioners 2 to 5 are the office bearers of 3rd union which is the petitioner No. 1. The conditions which were prevailing regarding transfers of either officials or office bearers were as per annexures 'd' and 'e'. The relevant portion is of Annexure 'd' is extranted hereunder:

(3.) 0.0. Definitions:for the purpose of this policy, unless there is anything repugnant to the subject or context. 3.1.0. Transfer: