SYNDICATE BANK Vs. P BHASKAR

JUDGEMENT

(1.) This appeal arises from the Judgment of our learned brother P.L.N.Sarma, J., allowing Writ Petition No. 16059/86 declaring circular No.360/78/BC/IRD/20 dt. 12-12-1978 as null and void and directing the 1st respondent to implement the pre-existing service conditions of the petitioners so as to refix the basic salary in the category of Junior Officers, reckoning special allowance /notional special allowance of the Special Assistants/clerks in fixing their basic pay in the category of Junior Officers, with all consequential monetary benefits.

(2.) The controversy which is involved in this Writ Petition is in a very short compass. It involves the interpretation of Section 19(3) of the Banking Companies(Acquisition and Transfer of Undertakings) Act, 1970,(hereinafter referred to as 'the Act'). The basic facts, which are necessary for understanding the controversy, are not in very serious dispute. The learned single Judge found that the conditions of service which were applicable to the eight petitioners prior to the takeover of the Bank under the Act were saved by Section 19(3) of the Act, since no Regulation had been framed as was enabled by sub-section(l) of Section 19, till 1980. The learned Judge found that in view of the specific provisions contained in Section 19, the pre-existing service conditions could not be altered by the respondents in the writ petition by issue of executive/ administrative orders like the circular order which the custodian had issued on 18-5-1971, and 12-12-1978. The custodian, who was the respondent in the writ petition has filed this Writ Appeal.

(3.) On a perusal of the facts as disclosed by the pleadings and the elaborate arguments addressed by counsel for the appellants, we are left with the impression that this is one of the many appeals which ought not to have been filed at all and particularly by an instrumentality of the State. We will now refer to the necessary facts. We will refer to the parties as they appeared in the Writ Petition.