S. SURESH KAMATH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are retired workmen of the erstwhile Lord Krishna Bank Ltd., later taken over by the erstwhile Centurion

(2.) A memorandum of settlement between the management of 50 banks represented by the Indian Banks' Association and their workmen represented by the All Indian Banks' Employees' Association as well as other associations was entered into on 2/6/2005. This memorandum covers various issues raised and demanded by the union. One of the terms of the settlement was in respect of reckoning the pay for the purpose of pension. Clause 16 therein refers to "pension". The petitioners after retirement raised a demand to calculate the pay in such a manner which they considered to be in accordance with the settlement. It appears that the said demand was not acceded. Thereafter, they approached the Central Government with a complaint stating that the bank, their former employer, committed breach of settlement. The Government of India, after hearing the petitioners and the bank took the view that the complaint does not come under the purview of their authority and the petitioners will have to work out their remedies in appropriate manner.

(3.) In this case much argument has been raised as to the scope of exercise of power by the Central Government under Sec. 34 of I.D Act. The learned counsel for the bank as well as the learned Central Government Counsel would argue that the petitioners being retired workmen ceased to become the workmen as defined under Sec. 2(s) of the I.D Act. They submit that the petitioners have no locus standi to approach the Central Government seeking relief for initiating any action under Sec. 34. They also submit that Sec. 34 can be understood only in the backdrop of Sec. 18 of the I.D Act. They further submit that Sec. 18 only refers to the nature of relationship between employer and workman and not an employer with the former employee (retired employee). Therefore, the retired workmen cannot espouse any cause as referable under Sec. 18 much less for initiating an action under Sec. 34.