GURUDAS CHATTERJEE Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS writ petition is heard as a contested application with notice to the respondents and Mr. N. C. Chakraborty with' Mr. Madhusudan Banerjee have appeared for respondents Nos. 1 and 3 and mr. Amalesh Mitra has appeared for the respondent No. 2. '

(2.) THE petitioner No. 1 is an employee of the State Bank of India and also the Chief secretary of the State Bank of India Staff association, viz. the petitioner No. 2. Against issue of a circular dated 25th ''march, 1982 by the General Manager (Operations) giving directions relating to office attendance of the employees of the state Bank of India, the instant writ petitioner has been moved after demanding justice by the petitioners requesting the state Bank of India to withdraw the said circular. The impugned circular is Annexure 'b' to the writ petition and it appears that by the said Circular No, 34 of 1982, the general Manager (Operations) has held that growing indiscipline amongst all categories of staff in many areas of activities of state Bank of India, beside causing tremendous inconveniences to the Bank's customers, has been tarnishing the image of the bank. At this critical juncture when serious concern is being expressed both by the public and the Government in the matter of unhealthy state of affairs obtaining in the banking industry and severe adverse criticism on the un-punctuality in attendance by the Bank employees is causing fast erosion of the result of all the good work being done by the majority employees of State bank of India in various spheres. The general Manager has also observed in the said circular that it is an observed fact that extreme slackness is permitted at many of the branches/offices of the State Bank of india in monitoring the employees' attendance/departure. As a service organisation the Bank can ill-afford to sacrifice time discipline amongst the employees and it has been decided by the Bank to accord the highest priority in toning up discipline which alone can increase productivity and ensure better customer service. Punctuality in attendance and unfailing observance of work discipline in all spheres have to be watchwords of the State Bank of India for success. In the said context of the situation it is felt that not only the existing, instruction on office attendance needs reiteration but also the following additional guidelines, strict enforcement of which with immediate effect is a must. It appears that by the said circular all employees including officers have been subjected to strict discipline of attendance in office punctually. It has been directed that the attendance register for the award staff will be made available well before the commencement of service hour namely, before 10 A. M. at most of the branches. The Branch Managers/managers of Division/departmental Sectional Heads must ensure that the attendance register is withdrawn punctually at the commencement of the working hours (i. e. 10 A. M. ). The employee coming to office after the opening time/designated hour of commencement of duty can be refused permission to join office and asked to submit leave applications. Refusal to grant permission employees to attend office after opening time i. e. 10 A. M. at most offices/designated hour is a prerogative of the management but this should be exercised by the Branch managers/departmental Heads judiciously so that cases of genuine defaults in the area are dealt with appropriately after scanning the facts or reasons adduced by the employees in each such case, the employees should submit in writing the causes of the delay and the Branch Manager/manager of Division/departmental Head record thereon this decision of permitting or non-permitting to join office, such written submissions being retained in a separate file. The above instructions supersede earlier instructions to allow late attendance upto one hour after the scheduled reporting time. Along with the said circular, the specimens of the memoranda have been enclosed. The Branch Managers and departmental Heads have been reminded by the said Circular that they should make it clear to the members of the staff that

(3.) IN the instant writ petition the legality and/or validity of the said circular is under question. The petitioners contend that although the authorities of the State Bank of India have a right to fix the hours of attendance and departure and the total working hours of the Bank employees in accordance with the conditions of service of the Bank employees under relevant rules and/or various Awards made in respect of the Bank employees, but if some conditions of service are followed for some time and the authorities intend to change the same they must do so in accordance with law and any expert decision and/or implementation of the same without following the requirements in law must be held to be illegal.