VIJAYA BANK LTD Vs. VIJAYA BANK EMPLOYEES ASSOCIATIONRESENTED

JUDGEMENT

(1.) IN this petition, the petitioner has prayed for a writ in the nature of certiorari 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. 09. 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 hither to 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. 09. 1993 as not correct and directed the petitioner - Bank to negotiate with both the respondent- Unions. Hence this petition.