SONALI BANK EMPLOYEES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ application has been filed, inter alia, praying for direction upon the respondent no.2 to initiate proceedings and lodged complaint before the concerned Court of Law against Sonali Bank Management, especially and more particularly against the respondent no.3, as per the provisions of Sec. 34(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the said Act") for the commission of offence punishable under Sec. 29 of the said Act.

(2.) It is the case of the petitioners that from time to time various bipartite settlements have been entered into between the registered trade unions and the Management of Sonali Bank. In terms of one such settlement being the 4thBipartite Settlement dtd. 17/9/1984, as per clause 6 thereof, it had been agreed that in the matter of filling up post of Special Assistants in the Clerical Cadre, suitability be determined in member banks, having the post of Special Assistants, by interview of senior employees with weightage for qualification. The aforesaid settlement had, however, been amended from time to time and at present, 11thBipartite Settlement is in force with the aforesaid existing term and the aforesaid settlement is binding on the parties.

(3.) The petitioners say that the members of the petitioners' union came to learn that as per Risk Mitigation Plan of Reserve Bank of India dtd. 31/3/2018, Sonali Bank was required to formulate Staff Regulation/Employee rules by 31/7/2019. Subsequently, Sonali Bank had prepared and formulated the Sonali Bank Limited, India Operation (Officers and Staff) Service rule, 2019 (hereinafter referred to as the said rules) and had submitted the same to the Reserve Bank of India, sometime in or about September, 2019 in compliance of the Risk Mitigation Plan of Reserve Bank of India.