C.M. GANGA RAM Vs. ANDHRA BANK

JUDGEMENT

(1.) On September 27, 1985 the Management of Andhra Bank and Andhra Bank Employees Union (Regd.) entered into a settlement under Section 12(3) of the Industrial Disputes Act, 1947 concerning promotion of subordinate staff to the clerical cadre. In a nut shell, the settlement envisaged that 10% vacancies at the entry level of the clerical cadre would be filled up by promotion of the subordinate staff. Clause 2 and 3 of the Settlement Agreement read as under:-

(2.) A perusal of para (d) of Clause 2 of the agreement shows that 1/10th promotions were to be made from amongst the senior subordinate staff who had served for a minimum of 20 years, irrespective of their qualifications but subject to suitability as assessed in the interview. It is further apparent that 9/10th posts had to be filled up by promotions and amongst others, evinced by clause (d) of para 3 of the settlement, in this category of eligible employees minimum educational qualification was class VIII pass with Arithmetic and English as a subject. To put it differently, of the 10% clerical posts at the entry level which fell in the promotion quota, 1/10th thereof had to be filled up from amongst the eligible employees without any minimum educational qualification prescribed keeping in view the seniority but subjecting them to the assessment of suitability and 9/10th of the posts had to be filled up by a process of merit selection with eligibility prescribed as minimum educational qualification of class VIII pass with Arithmetic and English as a subject.

(3.) Espousing the cause of the appellant the Andhra Bank Shramik Union Delhi (Regd.) raised an issue concerning appellant, appointed as a sub-staff (Daftry) with Staff Code No.1650 on March 16, 1967, being overlooked for promotion in the 1/10th quota for promotion at the entry level in the clerical cadre from amongst the sub-staff of the Bank. To put it pithily, the grievance of the appellant projected by the Union was that since the appellant was not class VIII pass he had to be considered for promotion in the 1/10th quota fixed as per the settlement for promotion of the sub-staff strictly on the basis of seniority but subject to suitability. The Union pointed out that persons junior to the appellant were promoted in this 1/10th quota, and for which a seniority list of clerks as on April 01, 1990 was referred to.