KULVINDER SINGH SETHI Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) Punjab and Sind Bank, respondent No. 1 in this case, is a statutory banking Corporation created under the Banking Companies (Acquisition and Transfer of undertakings) Act, 1980 (hereinafter referred to as the Act, for short). Under the provisions of Section 12 read with Section 19 the Act, service regulations are framed for its officers, namely, "Punjab and Sind Bank Officers Services Regulation, 1982". Regulation 17 of these Regulations empowers the bank to frame promotion policy and accordingly, the respondent bank had framed promotion policy for its officers. This promotion policy was framed having regard to the guidelines of the government.

(2.) In this case, we are concerned with promotion of officers from Middle Management Grade Scale II (hereinafter referred to as Scale II, for short) to Middle Management Grade Scale III (hereinafter referred to as Scale III, for short). As per this policy, the selection was on the basis of the following criteria : confidential report - 60% and written test - 40%. Various officers associations/unions of the bank wanted certain changes in the aforesaid criteria for further promotions and accordingly they gave their suggestions to the respondent bank. Suggestions were also given by the Union of the Petitioner, namely, "All India Punjab and Sind Bank Officers Union (Registered)" (hereinafter referred to as "the Union, for short), of which petitioner is the General Secretary. There is another union called the "All India Punjab and Sind Bank Officers Federation" (hereinafter referred to as `the Federation', for short) which is admittedly a federation of majority of the officers employees in the respondent- bank. It also gave its suggestions. Discussions were held on the suggestions given by these unions. Ultimately it culminated into settlement arrived at between the respondent Bank and the Federation in the meeting held on 21st April, 1999. Minutes of the meeting held on 21st April, 1999 are enclosed by respondent-bank alongwith its counter affidavit and a perusal thereof shows that various clauses of the existing promotion policy were discussed and the changes which could be made in the promotion policy were "agreed between the parties". All these changes are mentioned in the Minutes of the meeting held on 21st April, 1999. One of the changes, which was agreed upon, and which is subject matter of challenge in the instant petition relates to awarding of marks for `job responsibility'. As mentioned above, in the then existing promotion policy the selection was on the basis of marks awarded under the heads:-

(3.) In this meeting between the respondent-bank and the Federation it was agreed to modify the criterion by awarding the marks under three heads:-