S SRINIVASAN CHAIRMAN AND CHIEF EXECUTIVE OFFICER BHARAT OVERSEAS BANK LTD Vs. ALL INDIA BHARAT OVERSEAS BANK EMPLOYEES UNION

JUDGEMENT

(1.) THE above three writ appeals can be disposed of by a common judgment inasmuch as these writ appeals have been filed against the same order of a learned single Judge in Writ Petition No. 1407 of 1998, dated 19-11-1999.

(2.) FOR the purpose of discussion, we intend to refer to the cause title as given in the first case i.e. Writ Appeal No.2371 of 1999.

(3.) THE averments made in the affidavit filed by respondents 1 to 3 in support of the writ petition can be stated as under: " THE first respondent union is the only recognised union in the fifth respondent bank. THEre are 750 employees working in the bank, who are all the members of the union. It was formed in the year 1975. According to the first respondent, the Chairman and Chief Executive Officer in the fifth respondent bank is appointed normally for a period of three years. However, the appellant was appointed as the Chairman and Chief Executive Officer of the fifth respondent bank for a period of five years viz., between 1-12-1992 and 30.11.1997. THE Board of Directors of the fifth respondent bank reviewed the performance of the bank for the period between 1.12.1992 and 30.11.1997 and decided not to extend the services of the third respondent and decided to take required steps to employ an agency to receive the applications from the prospective candidates and to screen the same and submit a short listed candidates to the Board of Directors. Accordingly, applications were invited from the eligible candidates, stipulating the age limit as 45-50 years, but, however, subsequently, it was decided to relax the age limit by extending it as 55 instead of 50. Advertisement in that regard was made on 26.8.1997, inviting applications within a period of ten days therefrom. It is the further case of the first respondent that applications were received by the Board and the Board in its meeting held on 17.9.1997 decided to short list the same to nine. It is the specific case of respondents 1 to 3 that the Board Meeting held on 17.9.1997 was headed by the appellant herein. THE appellant's name was not included in the list, as he never applied for the post and he was also not qualified for the post was as per the revised advertisement. According to these respondents, a co-ordinator for the appointment, Mr. G. Lakshmi Narayanan on 29.9.1997 communicated to all the Board of Directors that apart from the nine short listed candidates, the appellant's name should also be included for the interview. A Board Meeting was convened on 30.9.1997 and notices were also sent by fax to all the Board of Directors. In fact even prior to this i.e. on 27.9.1997 the appellant herein sent an application to the Chairman and Directors of the share holding banks and the fifth respondent bank requesting them to consider his application for the post of Chairman and Chief Executive Officer. THE further grievance of the respondents is that the appellant openly canvassed support from them, who constituted an interview panel.