INDIAN BANK EMPLOYEES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed by the Indian Bank Employees Association, challenging the order of the first respondent dated 9. 3. 2004, in which the first respondent, after referring to the conciliation failure report dated 29. 8. 2003 and having been prima facie satisfied that the dispute is not fit for adjudication, passed the following order: " The Union failed to establish that any of the provisions of the Settlement/instructions have been violated by the management and that the management has ignored the claim of the workman, Shri n. Swaminathan while posing Shri K. Manoharan to the post. "

(2.) THE case of the petitioner Union is that, one N. Swaminathan, Sub staff working in AVC Extension Counter of Indian Bank was drawing daftary allowance. When he was reverted to Mayavaram main branch, the permanent daftary allowance paid to him was withdrawn in August, 1997, which is against the provisions of the Industrial Disputes Act,1947 and various settlements and awards. It is stated that the petitioner Union has requested the management to restore the daftary allowance to the said Swaminathan. When it failed, the petitioner Union raised a dispute for payment of daftary allowance by letter dated 15. 6. 2002. The assistant Commissioner of Labour (Central) has called for remarks from the second respondent and the attempt of settlement failed and therefore, he submitted a failure report on 29. 8. 2003 to the first respondent. Thereafter, the first respondent passed the impugned order assigning the reason as stated above and declining to refer the dispute under section 12 (5) of the Industrial disputes Act,1947.

(3.) THE impugned order is challenged on the ground that while passing the impugned order the Government has in fact adjudicated the issue which cannot be done while exercising its administrative powers. It is also the case of the petitioner Union that the first respondent Government has no power to decide on merits of the case and the impugned order is opposed to the judgment of the supreme Court in Telco Convoy Drivers M. S. Sangh and another vs. State Bank of bihar and Others [ (1989) 2 LLJ 558]. It is also stated that the claim of the petitioner Union is supported by various clauses of the industry-wise bipartite settlement and also the bank level bipartite and tripartite settlements.