ALLAHABAD BANK EMPLOYEES UNION Vs. ALLAHABAD BANK

JUDGEMENT

(1.) THE petitioners is trade union registered under the provisions of the Trade Unions Act, 1926. It is their contention that they represent almost all the employees employed with the respondent No. 1 bank within the area of their functioning. The respondent No. 1 bank has for the purpose of administrative convenience formed various regions and zones. For each such region, a union of employees is registered. The petitioner is registered for maharashtra (except Vidarbha and Marathwada) and Goa Region. All such unions including the petitioners have formed committee known as All India allahabad Bank Employees Co-Ordination Committee for facilitating collective bargaining at an all India level. Each Unit/union in every Region sends one representative to the Co-Ordination Committee. The office bearers of the co-Ordination Committee are elected by the delegates of each Regional Union. The Co-Ordination Committee is formed by all the Regional Unions functioning in the respondent No. 1 bank. The Co-Ordination Committee has the status of sole bargaining agent of the workmen employed with the respondent No. 1. In that capacity they have signed various settlements with the management of the respondent No. 1. One of such settlements was signed of 3rd march, 1990 which pertained to the transfer of employees employed with the respondent No. 1. Rotational transfers came to be introduced as part of the conditions of service. The employees who had completed nearly 5 years in a branch or office were to be transferred by rotation. Taking into consideration the pivotal role played by the office bearers of the Co-Ordination Committee and of the Regional Unions, including the petitioners in maintaining peaceful industrial relations, it was agreed that no such office bearers will be transferred without their consent. A subsequent settlement came to be entered into on 22nd March, 2001 in the matter of transfer. Certain modifications were introduced in the earlier settlement dated 3rd March, 1990. By the new settlement a ceiling was put on the maximum number of office bearers who would be exempted from rotational transfer. It was stipulated that office bearers of the affiliated units of the Co-Ordination Committee on the basis of 1% of their membership strength with the minimum of three and maximum of twenty five in the respective State will be transferred by their consent. This settlement continued to be in force.

(2.) IT is the case of the petitioners that they were shocked when the General Manager, H. O. , of respondent No. 1 gave to the All India General Secretary of the Co-Ordination Committee, a copy of an Award dated 11th October, 2002 passed by the Presiding Officer of the Central Government Industrial tribunal No. 3, Mumbai in Reference No. CGIT-2/90 of 2000. It is the contention of the petitioners that by the Award the learned Industrial Tribunal has held that the action of the respondent No. 1 of not transferring the office bearers of the petitioners amounts to violation of transfer policy and is totally unjustified. The Tribunal further directed the respondent No. 1 to effect transfer of all award staff including the office bearers of the petitioners. It is the case of the petitioners that they apprehend that the respondent No. 1 would effect transfers based upon the award. They are, therefore, compelled to file the present writ petition.

(3.) THE points urged for consideration are as under:-