FEDERAL BANK OFFICERS ASSOCIATION Vs. REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) The petitioner, a Trade Union representing the officers of the Federal Bank, is before this Court seeking to declare that the conciliation officer has no jurisdiction under Sec. 22 of the Industrial Disputes Act, 1947 in respect of disputes which arise between the officers and the 2 nd respondent-Bank. The petitioner also seeks to declare that no industrial dispute exists or is pending before the 1 st respondent-Regional Labour Commissioner (Central) based on the charter of demands submitted by the petitioner to the 2nd respondent-Bank, empowering him to issue notice of conciliation.

(2.) The petitioner states that salary of the officers of the Bank is determined through negotiated settlements entered into between the Indian Banks Association representing the employers and the All India Bank Officers Confederation to which the petitioner-Association is affiliated. Other terms and conditions of service of officers of the Bank are governed by the Federal Bank Limited (Officers Service) Rules. The settlements arrived at between the IBA and the Confederation are not settlements under the provisions of the Industrial Disputes Act.

(3.) According to the petitioner, the right of the officers to go on strike to compel the 2nd respondent to pursue their demands is recognised by the service rules applicable to the Bank officers. However, the petitioner received Ext.P2 letter dtd. 24/1/2023 from the 1 st respondent-Conciliation Officer proposing to hold joint discussion in respect of an alleged industrial dispute raised by the petitioner. The joint discussion was scheduled to be held on 27/1/2023.