N K SHARMA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This petition is preferred against Award dated 21.9.1996 passed by Central Government Industrial Tribunal in ID No. 117/88. The petitioner had challenged his transfer by raising the aforesaid dispute and by the impugned award, the CGIT has upheld the transfer of the petitioner.

(2.) Petitioner No. 1 was elected as Deputy General Secretary of the State Bank of India Chandigarh in June 1984. He was re-elected to the same office in June 1987. It is the allegation of the petitioner that respondent felt soared about the trade union activities of the petitioner No. 1 and petitioner's union and wanted to crush this union by hook or by crook. Accordingly SBI started victimising the petitioners and indulged in various acts of unfavourable practice. It ultimately resulted in transfer of the petitioner No. 1 from Section-7 Chandigarh Branch to Patauda, Haryana. It is the case of the petitioner No. 1 that petitioner No. 1 who is a permanent Teller and was promoted as such on city seniority basis and posted at Sector-7 Chandigarh Branch in 1986. However due to his aforesaid union activities and as an act of victimisation and unfavourable practice in March 1988 he was transferred to Patauda branch. Petitioner union raised industrial dispute which was referred by Central Government to CGIT for adjudication with the following terms of reference:

(3.) After the pleadings were over, petitioner union filed and. application under Section 10(4) of the Industrial Dispute Act. On this application, CGIT passed order dated 15.12.1988 granting interim relief to the petitioner No. 1 whereby his transfer to Patauda was stayed. Respondent bank filed writ petition against this order in this Court. During the pendency of this writ petition, on proposal given by the respondent bank, which was agreed to by the petitioners, order dated 15.12.1988 passed by CGIT was modified by this Court on 3.7.1989 and writ petition was disposed of. As per this order, petitioner No. 1 was not to be allowed to join branch office at Sector 7 Chandigarh till .the disposal of proceedings before the CGIT. However bank was to go on paying the salary to the petitioner No. 1 from July 1989 untilt the conclusion of the adjudication proceedings before CGIT. In view of this order, petitioner No. 1 was not allowed to join at Sector 7 branch. He did not work at Patauda either but during this period to has been paid the salary. Thereafter adjudication of main case proceeded before CGIT. Bank produced two witnesses: Sh. Tara Chand, Stenotypist Sector-7, Chandigarh branch and Sh.S.K. Sharma, Officer in charge posted at Regional Office Haryana and U.T. Chandigarh. The petitioner union produced one witness Sh.N.K.Sharma, Teller, the concerned workman. In December 1993, arguments of both the parties were concluded and the award was reserved. However till July 1996 when the award was not pronounced, respondent bank filed a CW No. 2922 of 1996 in this Court praying for a direction that CGIT be directed to give its award without further delay. When the notice of this writ petition was received by CGIT, it passed impugned award dated 23.9.1996 which was published on 14.12.1996. As noted above, in the impugned award, it is held that action of the respondent bank in transferring petitioner No. 1 was fully justified and the petitioner No. 1 was not entitled to any relief. It is against this award, the present writ petition is preferred.