LAWS(APH)-1996-2-52

CANARA BANK OFFICERS CONGRESS Vs. GOVERNMENT OF INDIA

Decided On February 26, 1996
CANARA BANK OFFICERS CONGRESS Appellant
V/S
GOVT OF INDIA, MINISTRY OF FINANCE (BANKING OPERATIONS), NEW DELHI Respondents

JUDGEMENT

(1.) The Canara Bank Officers Congress represented by its Secretary filed the present Writ Petition challenging the Memo No.31/93 dated 2-3-1993 issued by the 2nd Respondent in respect of promotion policy for the years 1991 to 1994 from the cadre of Junior Management Grade Scale-I(J.M.G.S-I) to Middle Management Grade Scale -II (M.M.G.S-II) and Middle Management Grade Scale-II to Middle Management Grade Scale-III(M.M.G.S.-III) as arbitrary and illegal.

(2.) The facts leading to the Writ Petition are that the petitioner is a Trade Union and affliated to Indian National Banks Officers Congress. The Apex body of the Banks in the country recognised only three All India Officers Organisations out of four for the purpose of negotiation with regard to the service conditions of the Banks Officers. Though the petitioner union is affiliated to the recognised union at All India Level, yet it is not allowed to participate by the local level management. In effect the contention is that it is not treated as recognised union for the purpose of various settlements and agreements, though it represents about 20% of Officers. The Petitioner contends that the policy was evolved by the Bank without consulting the petitioner union and therefore the said policy is illegal and arbitrary. Further, no guidelines have been stipulated in the said promotion policy.

(3.) The service conditions of the Canara Bank Officers are governed by the Canara Bank (Officers') Service Regulations, 1979, for brevity Service Regulations. Regulation 17 governs the promotion of the Officers. The said regulation also stipulates that the policy laid down by the Board from time to time shall be in-consonance with the guidelines issued by the Government. Under Regulation 17, the Board is empowered to formulate the eligibility criteria and details of the process to be employed for promotion. The policy should be evolved not latter than six months from the appointed date,