VIJYA BANK LTD Vs. VIJYA BANK EMPLOYEEAS ASSOCIATION

JUDGEMENT

(1.) IN this petition, the petitioner has prayed for a writ in the nature of cartiorari to quash the award dated 16-10-2001 in cr. No. 224/97 passed by the Central 'government Industrial Tribunal-cum-Labour court, Bangalore (for short the 'tribunal')holding that circular No. 185/93 as not correct and directing the petitioner-Bank to negotiate with the first respondent-Union.

(2.) PETITIONER is a banking institution having its branches all over the country. There are about twelve thousand employees as on the date of filing the writ petition, Respondents 1 and 2 are Trade Unions representing the workers of the petitioner-Bank. The first respondent-Union was established in the year 1967. The petitioner-Bank was negotiating with the first respondent-Union right from 1967 and resolved all disputes by negotiations and settlement or through conciliation. The second respondent-Union emerged as a majority union in the check-off method adopted in the year 1977. From 1978 till 1993, the petitioner-Bank was negotiating and settling the disputes with both the respondent-Unions. On 27-9-1993, the petitioner issued circular no. 185/93 recognising the second respondent-Union for the purpose of negotiations and settlements. The first respondent-Union raised a dispute before the Tribunal in CR. No. 224/ 97 by way of reference under Section 10 (2a)of the Industrial Disputes Act, 1947 (for short the 'act' ). The schedule of reference is as under: "whether the action of the management of vijaya Bank is justified in denying the negotiating rights hitherto extended by the management to the vijaya Bank Employees Association unilaterally ? If not, to what relief the union is entitled ?"

(3.) THE Tribunal on the basis of the pleadings and material on record held the circular dated 27-9-1973 as not correct and directed the petitioner-Bank to negotiate with both the respondent-Unions. Hence this petition.